LEGAL
DOJ forgoes appeal of order blocking money for minority farmers
Justice Department lawyers did something highly unusual this week: They passed up the chance to appeal a judge’s order blocking a congressionally created program supported by President Joe Biden from going into effect.
The Biden administration faced a deadline Monday to appeal the first of three preliminary injunctions that federal judges have issued against provisions in a March coronavirus aid bill that created a $4 billion program aimed at forgiving the debts of minority farmers.
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.
“It’s very unusual not to defend a statute that you support,” said Neal Devins, a professor of law and government at William & Ma
ry Law School. “Maybe they fear a more consequential loss.”
African American farmers have been locked in legal battles with the federal government for decades over claims of pervasive discrimination in Agriculture Department programs. S
ome advocates for those farmers expressed disappointment that the Biden administration wasn’t moving to try to lift the injunctions now and get the debt relief and related benefits flowing.
“I was sure hoping they would appeal,” said John Boyd, president of the National Black Farmers Association.
“They are not laying out a clear definition of what Black farmers have experienced at USDA for decades, and are not responding to that in the various courts,” Boyd said. “You can’t stand here and not acknowledge discrimination that still exists today. It's a formula for failure. The history of discrimination is not being spelled out clearly enough by the Department of Justice and USDA.”
DOJ forgoes appeal of order blocking money for minority farmers