Donald Trump just secured a major court victory over Joe Biden.
America First Legal, a group founded by Trump’s top White House lieutenants, secured a win in an effort to obstruct the Biden administration’s radical agenda.
The AFL features officials such as former White House chief of staff Mark Meadows, former Office of Management and Budget Director Russ Vought, and former acting Attorney General Matthew Whitaker among its board of directors.
The group received favorable rulings in three related lawsuits, forcing the Biden administration to halt nearly 3,000 approved payments from the Restaurant Revitalization Fund, a Small Business Administration pandemic relief program.
The program began accepting applicants on May 3 but featured a 21-day priority application window that would only approve businesses for relief if they were owned by women, veterans, or “socially and economically disadvantaged” people defined by the SBA.
In short: Biden was trying to use pandemic relief money only for minorities and women, which is illegal and unconstitutional.
AFL filed the three suits in conjunction with local restaurant owners, two in the Northern District of Texas and a third in the Eastern District of Tennessee, all of which found that the RRF was “unconstitutional” on the grounds that excluded nonprioritized applicants on the basis of race.
“When the government promulgates race-based policies, it must operate with a scalpel,” the Tennessee decision reads. “And its cuts must be informed by data that suggest intentional discrimination. The broad statistical disparities cited by the government are not nearly enough.”
Miller, in a statement celebrating AFL’s win, claimed that Biden “has inflicted needless pain and suffering on countless Americans through its deplorable and unconstitutional scheme that sent restaurant owners — on the basis of their race — to the back of the line for a limited pool of funds.”
“This illegal program sowed chaos, confusion, and heartache among restaurant owners across the country,” he continued. “AFL is immensely proud of its vital work to stop this insidious and lawless attack on civil rights — and to fight for policies that judge Americans based on objective qualifications, and never based on their skin color.”
“Under the guise of pandemic relief, the American Rescue Plan Act enables the federal government to engage in an illegal and unconstitutional race and sex discrimination. This is ugly, pernicious, and toxic. We will fight it wherever it shows up,” WILL President and General Counsel Rick Esenberg said.
In the U.S. District Court in East Tennessee, Judge Amul Thapar, who penned the majority decision, was joined by Judge Alan Norris in a ruling that read, in part, “This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot.”
“Since the government failed to justify its discriminatory policy, the plaintiffs will win on the merits of their constitutional claim,” it said.
The decision said, “As today’s case shows once again, the “way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
“The Small Business Administration has injected explicit racial and ethnic preferences into the priority process,” the decision said. “Under a regulation that predates the pandemic, the agency presumes certain applicants are socially disadvantaged based solely on their race or ethnicity.
“The government shall fund the plaintiffs’ grant application, if approved, before all later-filed applications, without regard to processing time or the applicants’ race or sex. The government, however, may continue to give veteran-owned restaurants priority in accordance with the law. This preliminary injunction shall remain in place until this case is resolved on the merits and all appeals are exhausted,” the court ruled.
The government is likely to appeal the ruling but it is not known if the government has significant merit to get the case onto the Supreme Court document. If it does not then the decision will stand.
As it is, this is a stinging blow to Biden’s race-based policies, and it may not be the last.
The post Top Trump Officials Secure First Major Win In Blitz to Stall Biden’s Agenda appeared first on Conservative Brief.
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Author: Martin Walsh
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