EAST ST. LOUIS – Farmers Matt Morton and Joshua Morton of Kell, having proved that Congress shouldn’t exclude people from a benefit program on the basis of group identity, dismissed their discrimination suit on Aug. 30.
Congress, which created a relief program last year for all categories except white, repealed it as part of the inflation bill President Joe Biden signed on Aug. 16.
It would have provided 120 percent forgiveness on loans that the agriculture department guaranteed.
The department would have distributed about $2 billion, and those who qualified would have received relief without applying for it.
The Mortons sued in U. S. district court, and other white farmers and ranchers sued from Tennessee to Wyoming.
Judges enjoined distribution of benefits and District Judge Reed O’Connor of Fort Worth certified a national class action.
The department defended the program but not with conviction, because they soon offered to include white farmers.
They claimed forgiveness for whites would cost $34 billion, all of it already available because Congress set no limit on the appropriation.
No judge jumped at the offer and no option remained but repeal.
Chief U. S. District Judge Nancy Rosenstengel, who presides over the Morton action, received notice of repeal on Aug. 17.
Assistant attorney general Brian Boynton claimed repeal mooted the claims in the case and deprived the court of ongoing jurisdiction.
Rosenstengel asked the Mortons and the department for a joint report about next steps, and they responded by stipulating to dismissal.
Glenn Roper of Colorado represented Matt Morton and Joshua Morton as counsel in Pacific Legal Foundation of Sacramento.