Nuziard et al. v. Minority Business Development Agency

Case Name: Nuziard et al. v. Minority Business Development Agency

Type of Case: Equality Under the Law

Court: Federal Court in the Northern District of Texas

Filed On: March 21, 2023

Current Status: WILL won a preliminary injunction in the Northern District of Texas on June 5, 2023

FEDERAL JUDGE BLOCKS RACE DISCRIMINATION BY THE BIDEN ADMINISTRATION

June 5, 2023 | WILL won a preliminary injunction on behalf of several clients, challenging the Biden Administration’s racially discriminatory Minority Business Development Agency programming—a cornerstone of the Administration’s so-called “racial equity agenda.”

WILL CHALLENGES NEW DISCRIMINATORY FEDERAL AGENCY

March 21, 2023 | WILL sued the Biden Administration over its new “Minority Business Development Agency,” which is the first federal agency devoted to helping Americans of some races, but not other races. WILL represents clients from Texas, Wisconsin, and Florida in this new lawsuit.

WILL TAKES ON BIDEN’S RACIAL EQUITY AGENDA: NEW MOTION SEEKS TO HALT NEW FEDERAL AGENCY

April 4, 2023 | WILL filed for a preliminary injunction to halt the Biden Administration’s MBDA. MBDA refuses to help millions of American-owned businesses based solely on race, including businesses owned by individuals whose ancestors are from Europe, North Africa, the Middle East, and portions of Asia and Central America.

The Lawsuit: WILL’s lawsuit challenges the Minority Business Development Agency, which was enacted into law through the 2021 Infrastructure Act. This is the first time the federal government has created an agency devoted to helping some races, but not others. The lawsuit alleges that the new agency violates the Equal Protection Doctrine, which guarantees that all individuals must be treated equally, without regard to race.

Additional Background: WILL, through its Equality Under the Law Project, has taken aim at various programs at the heart of Biden’s Racial Equity Agenda.” WILL previously sued the Biden Administration for its Farmer Loan-Forgiveness program, which cancelled certain farm loans based on race, and the Restaurant Revitalization Fund, which provided COVID benefits to certain restaurants with a racial preference. WILL obtained the first nationwide injunctions against both of those programs. WILL is also challenging another portion of the 2021 Infrastructure Act, which sets aside $37 billion in federal contracts to certain small businesses based on race.

More about WILL’s Equality Under the Law Project can be found here: DefendEquality.org.

CASE DOCUMENTS

Rick Esenberg

Rick Esenberg

President and General Counsel

Dan Lennington

Dan Lennington

Deputy Counsel

Cara Tolliver

Cara Tolliver

Associate Counsel

Media and Commentary

Fox News Online | Small businesses sue Biden administration over federal agency 'picking winners and losers' based on race

March 21, 2023 | Kendall Tietz

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