Last week, while the press drooled over the president's ice cream selection, the Sixth Circuit Court of Appeals in Vitolo v. Guzman declared unconstitutional the Biden administration's race-based approach to distributing COVID-relief funds.
While Vitolo only addressed the race- and sex-based reverse discrimination in the American Rescue Plan Act of 2021, the precedent could prove fatal to many other federal and state statutes, regulations, or practices, leaving the Biden administration with a difficult choice: accept defeat in Vitolo and risk a domino effect, or appeal and face an even more unpalatable decision from a newly comprised Supreme Court.
Federal District Court Judge Travis McDonough, a Barack Obama appointee, denied Vitolo's motion for a temporary restraining order then also refused to enter an injunction pending an appeal.
On Thursday, in a split 2-1 decision, the federal appellate court granted Vitolo's emergency motion and enjoined the SBA from using the race- and sex-based criteria in processing Vitolo's application.
' Second, there must be evidence of intentional discrimination in the past.... Third, the government must have had a hand in the past discrimination it now seeks to remedy.
Obama Appointee Supports Institutionalized Racism While it would seem self-evident that state-sanctioned discrimination violates the constitutional guarantee of equal protection under the law, Bernice Donald, an Obama appointee, dissented from the court's decision in Vitolo.
Rather, the issue for the court was whether the government had a hand in specific episodes of past intentional discrimination, so as to justify the consideration of race for remedial purposes.
Tuesday, June 1, 2021
Biden Administration’s Blatant Institutional Racism Gets Rebuke From Sixth Circuit
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