DOJ Halts Defense of Socially Disadvantaged Farm Program Components, Says Solicitor General

Key Takeaways

The Justice Department will stop defending certain farm program benefits aimed at “socially disadvantaged” producers.
Solicitor General John Sauer cited constitutional concerns regarding preferential treatment based on race or sex.
The decision affects programs like the Environmental Quality Incentives Program and the Noninsured Crop Disaster Assistance Program.

Changes in USDA Program Support

The U.S. Justice Department has announced that it will cease defending specific farm program benefits intended for “socially disadvantaged” producers. Solicitor General John Sauer conveyed this decision in a letter to House Speaker Mike Johnson, stating that certain programs overseen by the U.S. Department of Agriculture (USDA) offer preferential treatment based on race or sex, which the department now considers unconstitutional.

The letter specifically highlights the Environmental Quality Incentives Program and the Noninsured Crop Disaster Assistance Program, both of which identify certain racial or ethnic groups as socially disadvantaged, with the latter also including women in this classification. Sauer contended that these programs discriminate against others by giving preferential treatment based on race or sex.

Citing a Supreme Court ruling in a case involving Harvard’s race-based recruitment practices, Sauer argued that the USDA’s programs rely on broad and arbitrary categories that lack a logical endpoint. Therefore, the Justice Department will no longer defend the constitutionality of these race- or sex-based preferences while continuing to uphold other aspects of the programs that utilize race- and sex-neutral criteria.

In response to this announcement, Deputy Agriculture Secretary Stephen Vaden shared the letter on social media, claiming that the previous administration had engaged in racial discrimination within USDA farm programs. He emphasized that America’s farmers should never face such discriminatory practices again.

The recent announcement marks a significant shift in how government programs approach support for farmers, potentially impacting how resources are allocated and who qualifies for assistance. As the Justice Department takes this stance, it reflects a broader legal trend questioning the constitutionality of policies that differentiate based on race or gender.

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