At The Hill Jonathan Turley remarks on a court challenge to some of the provisions of the American Rescue Plan Act, the Bid Administration’s “stimulus package”:
The question is, when should preference be given over a common resource desperately needed by everyone? For example, the Biden administration and many states gave preferential treatment to minority communities in the allocation of early vaccines; states like Montana and Vermont gave people of color priority in receiving shots. That meant many other citizens had to wait, due to their race, for a vaccine in the middle of a lethal pandemic. Yet, advocates cited greater vaccine “hesitancy†in minority areas and other historic barriers to medicine as justification.
The court’s concern in the Greer case is that the Biden administration’s rationale would allow the use of racially discriminatory policies throughout the government. This is a far more nuanced constitutional issue than past challenges. Rather than impose a quota system or a direct exclusionary policy, Greer and others complain that the government can achieve the same result by prioritizing certain groups in the receipt of benefits.
The alternative is to maintain a bright line against the use of racial criteria in government programs. In a 2007 case, Chief Justice John Roberts stated that position most succinctly by declaring that the “way to stop discriminating on the basis of race is to stop discriminating on the basis of race.â€
Chief Justice Roberts had it precisely correct. Two wrongs still do not make a right.
I do think that such provisions will be increasingly common even after they’re struck down by the courts. Receiving a handout from the government too readily becomes a way of life and the ability to secure them becomes a form of discrimination of its own. If everyone were equally able to game the system, we’d all be Warren Buffett and Bill Gates.






