U.S. Justice Department rules USDA preference programs violate constitutional protections

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USDA programs unconstitutional ruling

Highlights

U.S. Justice Department’s Office of Legal Counsel ruled USDA conservation-planning programs waiving fees for socially disadvantaged farmers violate constitutional equal-protection guarantees.
Five USDA programs remain constitutional because they can operate race- and sex-neutral, amid confirmation that racial and sexual preferences require a compelling government interest.
The Justice Department’s decision aligns USDA’s policy with a broader federal review of diversity, equity, and inclusion measures, affecting future program implementation and compliance.

Legal opinion targets fee waivers

As reported by the U.S. Department of Justice, the Office of Legal Counsel issues an opinion finding that USDA conservation-planning programs allowing user-fee waivers for socially disadvantaged farmers do not meet the Constitution’s equal-protection guarantee.

The department says the statutory and regulatory definitions give preference to certain racial groups and to women over other farmers without a compelling or important governmental interest. It says five other USDA programs remain constitutional because they can operate in a race- and sex-neutral manner.

Acting Attorney General Todd Blanche says racial discrimination is illegal and that the government cannot give special benefits to certain groups without a compelling justification. Joshua Craddock, Deputy Assistant Attorney General for the Office of Legal Counsel, says the federal government generally cannot distribute benefits based on race or sex when Congress has not made the required findings and when classifications extend beyond any legitimate purpose.

Implications for USDA programs and federal policy

USDA Secretary Brooke Rollins says the opinion confirms that discrimination based on race and sex is unconstitutional and that no program at the department, including those in the Farm Production and Conservation mission area, will act otherwise. She says all people served by the department will be treated equally.

The Justice Department says USDA can continue providing technical assistance, financial support and outreach to farmers and ranchers through constitutionally permissible means. It also places the opinion within a broader federal review of diversity, equity and inclusion policies, citing the Office of Legal Counsel’s December 2025 opinion on the Department of Education’s race-based education programs and the solicitor general’s February 2026 letter to Congress on USDA preferences.

Our earlier article covered an upcoming House Committee on Small Business hearing examining how the SBA’s Office of Investment and Innovation supports startups and helps firms scale. We noted that lawmakers planned to question the office’s approach under Administrator Loeffler, with testimony expected from associate administrator Joshua Carter, as part of broader oversight of federal capital-access and growth-support programs.

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