Overview
- The Office of Legal Counsel said in an opinion issued June 22 that conservation‑planning programs which let USDA waive user fees for farmers defined as “socially disadvantaged” by race or sex violated the Constitution’s equal‑protection guarantee.
- OLC concluded the statutory and regulatory definition of “socially disadvantaged” favored particular racial groups and women without a compelling, narrowly tailored government interest, a standard known as strict scrutiny.
- The opinion upheld five USDA programs that can be run in a race‑ and sex‑neutral way while finding other preferences unlawful, and it directed USDA to continue providing technical help, financial support, and outreach using constitutionally permissible methods.
- Some outlets reported that the review covered 36 programs and said billions were affected in fiscal 2025, but those specific counts and dollar figures appear in press reporting rather than in the DOJ release and are not confirmed by OLC.
- The decision builds on earlier OLC and Solicitor General reviews of race‑based federal programs and signals a wider legal review of federal DEI practices, which could force USDA to rewrite rules and change how farmers receive targeted assistance.