A federal judge ruled against a Biden administration agency that discriminates against white business owners, finding it violated the equal protection guaranteed to American citizens under the law.
The ruling by Trump appointee Mark Pittman was hailed by lawyer Daniel Lennington, of the Wisconsin Institute for Law & Liberty, in a piece for Fox News.
Lennington represented the challengers in the case who sued the Minority Business Development Agency, a new agency that Biden created with the signing of his so-called "infrastructure" bill.
As the name suggests, the agency was created specifically to benefit certain racial groups, specifically blacks, Hispanics, American Indians, and some Asian ethnicities.
The program's haphazard racial classification scheme is not "narrowly tailored" to meet a "compelling interest," as the law requires, the judge found.
"The Constitution demands equal treatment under the law," Pittman wrote.
The scheme arbitrarily excludes certain minority groups, including people from the Middle East and North Africa, while including others "who may have never been discriminated against," Pittman said. Of course, whites are categorically excluded as well.
The judge went further and argued the administration did not have a "compelling interest" at stake in the first place beyond "generalizations" about past discrimination.
"The Government offers no evidence of discrimination faced by some preferred races and ethnicities. And for those it does, the Government relies on studies showing broad statistical disparities with business loans, supply chain networks, and contracting among some minorities," Pittman wrote.
Challengers Jeffrey Nuziard, Matthew Piper, and Christian Bruckner, are business owners who sought contracts from the MBDA but were denied because they are white.
Pittman blocked the discriminatory policy at MBDA centers in Texas, Wisconsin, and Florida, where the challengers live, but rejected their request to block the program nationwide.
Biden has pledged since the early days of his presidency to prioritize "equity," a concept derived from Marxism that essentially means embracing positive discrimination against social groups considered to be dominant.
The administration has been challenged in several venues for enacting explicit racial preferences in farming, business, and other areas.
As Lennington noted, the Biden government's "systemic racism" narrative gives "policymakers a blank check to discriminate against Whites and other nonpreferred racial groups."
"If past is prologue, the administration won’t stop discriminating until it is forced to stop by a court," Lennington wrote.
