Filed Date: July 7, 2021
Closed Date: Sept. 19, 2022
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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. The plaintiffs 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. The parties were instructed to submit a joint status report within 90 days to determine whether the stay should remain in place. Both parties agreed that the stay should continue, and on November 23, 2021, the judge ordered that the stay would remain in effect. This process repeated three more times in 2022.
The plaintiffs filed a stipulation of dismissal without prejudice on September 13, 2022, after Section 1005 had been repealed. On September 19, 2022, Judge Brasel dismissed the case without prejudice. This case is now closed.
Summary Authors
Jonah Hudson-Erdman (11/14/2021)
Maddie Mitzner (3/1/2025)
Miller v. Vilsack, Northern District of Texas (2021)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60044342/parties/nuest-v-vilsack/
Brasel, Nancy Ellen (Minnesota)
Brisbois, Leo I. (Minnesota)
Dickey, James (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 April 22, 2025, 4:18 p.m.
State / Territory: Minnesota
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Biden Administration American Rescue Plan--minority benefits challenges
Key Dates
Filing Date: July 7, 2021
Closing Date: Sept. 19, 2022
Case Ongoing: No
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):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Affected Race(s):