Vice President Kamala Harris introduced her “Opportunity Agenda for Black Men” this week; however, several of her proposals may be considered unconstitutional, as indicated by prominent legal experts.
Last week, Harris presented her five-point strategy, which encompasses the provision of 1 million forgivable loans of up to $20,000 aimed at “Black entrepreneurs and others who have historically encountered obstacles in establishing new businesses.” Additionally, the plan includes funding and resources for vocational training to enhance opportunities for Black men to secure well-paying employment.
Programs that distribute resources based on economic disadvantage and race have encountered legal scrutiny. A notable instance involved a nonprofit organization that provided small business grants exclusively to Black female entrepreneurs. Another example is a federal disaster relief initiative that prioritized assistance for minority and female farmers, as reported by Fox News.
“A Harris administration would face a significant constitutional challenge in granting these loans on the basis of race,” George Washington law professor Jonathan Turley told the network.
“It is unconstitutional because eligibility for the money would be determined by race,” Fox News legal analyst Gregg Jarrett noted further. “Harris’ proposal smacks of blatant vote-buying.”
Dan Fee serves as an attorney, political consultant, and president of the Echo Group, a crisis and communications firm located in Philadelphia. The firm has represented notable clients, including former Pennsylvania Governor Ed Rendell and Representative Donald Norcross, a Democrat from New Jersey. Fee addressed the criticisms directed at him, stating to Fox that he would be “stunned” if the policies proposed by Harris for Black men had not undergone thorough examination prior to their introduction. He asserted, “If you want to tackle the issue of poverty at its roots, this is a prudent policy.”
In addition to the economically focused initiatives aimed specifically at Black men—whose support for Harris has been declining during her campaign—her five-point policy plan also encompasses the federal legalization of marijuana and the creation of a “National Health Equity Initiative focused on Black Men.” This initiative aims to investigate health challenges that disproportionately affect this demographic.
The Office of Civil Rights at the Department of Health and Human Services has scrutinized the recent initiative aimed at customizing and delivering services according to race, prompted by concerns regarding potential discrimination.
Proposals from the Biden administration that provide economic assistance based on racial and gender identity categories have faced legal obstacles. For example, a federal judge recently halted an Agriculture Department disaster relief program that favored minority and female farmers, determining that it discriminated against White male farmers. According to Fox, another federal program that offered preferences based on gender and race to restaurant owners impacted by the COVID-19 pandemic experienced a similar outcome.
Jarrett described the agriculture program as “clearly discriminatory against white farmers” and contended that the Vice President “surely knows” her initiative would likely encounter the same legal challenges. He added that her primary concern seems to be appealing to minority voters. Turley also pointed out that even if this policy appears to be neutral, it could still be overturned in court.
“It can still be challenged ‘as applied,’” he said. “That means that while the program is stated neutrally, it is being used in a racially discriminatory fashion.”
“The addition of these qualifying terms is meant to prevent a facial challenge, but that does not, however, prevent an as-applied challenge,” he told Fox.
