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.
Whites Need Not Apply
In passing the American Rescue Plan Act of 2021 (ARPA), Congress created a $28.6 billion fund for grants to restaurants impacted by the “uncertainty of current economic conditions.” But rather than provide Americans access to these funds equally, Congress expressly mandated race- and sex-based discrimination in doling out the money.
Specifically, the ARPA provides that during the