Filed Date: July 7, 2021
Case Ongoing
Clearinghouse coding complete
This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."
The plaintiffs, seven white farmers from Minnesota and North Dakota, filed this lawsuit in the United States District Court for the District of Minnesota on July 7, 2021. The case was assigned to District Judge Nancy E. Brasel. they alleged that Section 1005's categorization of socially disadvantaged groups prevented them from receiving a government benefit because of their race and thus was a racial classification that violated their Equal Protection rights. Represented by attorneys from the Upper Midwest Center, they asked the court for declaratory and injunctive relief, as well as attorneys' fees.
On August 24, 2021, at the request of the parties, Judge Brasel stayed this case pending the resolution of Miller v. Vilsack, another challenge to the same program being litigated in the Northern District of Texas.
Summary Authors
Jonah Hudson-Erdman (11/14/2021)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60044342/parties/nuest-v-vilsack/
Brasel, Nancy Ellen None (Minnesota)
Brisbois, Leo I. (Minnesota)
Dickey, James (Minnesota)
Seaton, Douglas P (Minnesota)
Brooker, Gregory G (Minnesota)
Feldon, Gary Daniel (District of Columbia)
Brasel, Nancy Ellen None (Minnesota)
Brisbois, Leo I. (Minnesota)
Dickey, James (Minnesota)
Seaton, Douglas P (Minnesota)
Brooker, Gregory G (Minnesota)
Feldon, Gary Daniel (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/60044342/nuest-v-vilsack/
Last updated May 11, 2022, 8 p.m.
State / Territory: Minnesota
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Challenges to minority benefits in Biden Administration American Rescue Plan
Key Dates
Filing Date: July 7, 2021
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
White farmers from Minnesota and North Dakota
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary (Washington), Federal
Administrator (Washington), Federal
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Race: