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Wednesday, August 25, 2021

USDA won't appeal order blocking debt-relief program for minority farmers, but says it will keep fighting in court

In an unusual move, the Department of Justice is not appealing a judge's order blocking an Agriculture Department program to forgive debt for some minority farmers, due to past USDA discrimination. At least 12 white farmers, in concert with conservative and libertarian groups, filed suit, insisting that the program is racially discriminatory, and won preliminary rulings, Politico reports.

"While the Justice Department has filed appeals within hours to defend the administration’s high-profile priorities in areas like immigration, this time federal government lawyers let the 60-day appeal period run — and then run out," Josh Gerstein and Ximena Bustillo report. A USDA spokesperson said the administration would continue to defend the program in district courts.

Some minority-farmer advocates are disappointed that the Justice Department didn't appeal, but it may have been a long-game move to protect other programs for minorities, Gerstein and Bustillo report. If they had appealed the hold, they risked a higher court ruling that would have established unfavorable legal precedent. The minority farmer relief program will likely remain in limbo while the Justice Department continues arguing the cases in lower court, a process that could take months or even years.

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