Department of Agriculture Preferences for "Socially Disadvantaged" Groups

(Slip Opinion) Department of Agriculture Preferences for “Socially Disadvantaged” Groups The race- and sex-based preference incorporated into 16 U.S.C. § 590c’s fee-waiver provision violates the Constitution’s guarantee of equal protection. This conclusion is consistent with prior Executive Branch determinations with respect to other race - and sex-based preferences in programs administered by the Department of Agricul- ture. Several other statutory provisions relating to Department of Agriculture programs do not violate the Constitution’s guarantee of equal protection, either because they do…