Source: United States Department of Justice Criminal Division
WASHINGTON—The Department of Justice issued an opinion today finding that certain U.S. Department of Agriculture (“USDA”) preferences for “socially disadvantaged” groups unconstitutionally discriminated based on race and sex.
The Office of Legal Counsel determined that conservation‑planning programs that authorized USDA to waive user fees for “socially disadvantaged” farmers as defined by race‑ and sex‑based criteria failed to satisfy the Constitution’s equal-protection guarantee. The statutory and regulatory definitions of “socially disadvantaged” farmers preferred certain racial groups and women over other farmers without a compelling or important governmental interest to justify such classifications. The opinion upheld five other USDA programs as constitutional because they could be administered in a race- and sex-neutral manner.
“Racial discrimination is illegal, and the government cannot show preference to certain groups when awarding special benefits without a compelling reason to justify the classification,” said Acting Attorney General Todd Blanche. “This Department of Justice is committed to ending illegal DEI initiatives across the federal government that violate our Constitution and laws.”
“Our colorblind Constitution generally prohibits the federal government from distributing benefits based on race or sex,” said Joshua Craddock, Deputy Assistant Attorney General for the Office of Legal Counsel. “Where Congress has not made the required findings and where classifications sweep far beyond any legitimate purpose, the Department must conclude that such preferences are unlawful.”
“Today’s opinion affirms discrimination based on race and sex is unconstitutional and no program at the U.S. Department of Agriculture, including those in the Farm Production and Conservation mission area, will act otherwise,” said USDA Secretary Brooke Rollins. “All persons served by this Department will, without question, be treated equally.”
USDA may continue to provide technical assistance, financial support, and outreach to farmers and ranchers through constitutionally permissible means. Building on the Office of Legal Counsel’s December 2025 opinion concerning the Department of Education’s race-based education programs and the Solicitor General’s February 2026 letter to Congress about USDA’s race- and sex-based preferences, today’s opinion ensures that programs for American farmers operate consistent with the longstanding principle that all persons are entitled to equal treatment under the law.
The full opinion is available on OLC’s website.