The Biden administration has sought to racialize the COVID-19 pandemic response, including a restaurant aid program within the American Rescue Plan. A judge just ruled that isn’t going to fly.
The ruling comes by way of the Sixth Circuit Court of Appeals in the case Antonio Vittolo vs. Isabella Casillas Guzman. Guzman’s lawsuit argued that white men are being ‘pushed to the back of the line’ for aid in the coronavirus relief program. The lawsuit was directed at U.S. Small Business Association Administrator Isabella Casillas Guzman by Antonio Vitolo, who is the owner of Jake’s Bar and Grill in Harriman, Tennessee. A majority 2-1 decision found that Biden’s race-based litmus test for aid is not legal.
“This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants,” Judge Thapar ruled. “We hold that it cannot.”
“The Small Business Administration has injected explicit racial and ethnic preferences into the priority process,” the ruling continued. “Under a regulation that predates the pandemic, the agency presumes certain applicants are socially disadvantaged based solely on their race or ethnicity. Groups that presumptively qualify as socially disadvantaged—and thus get to jump to the front of the line for priority consideration—include ‘Black Americans,’ ‘Hispanic Americans,’ ‘Asian Pacific Americans,’ ‘Native Americans,’ and ‘Subcontinent Asian Americans.’ If you are in one of these groups, the Small Business Administration assumes you qualify as socially disadvantaged. Indeed, the only way not to qualify is if someone comes forward ‘with credible evidence to the contrary’.”