The Texas Public Policy Foundation and America First Legal have partnered to file suit against the Biden Administration to invalidate a portion of the America Rescue Plan Act that includes racial and gender discrimination. This is the first time TPPF and AFL have joined forces to bring a case against the administration.

“We are honored and thrilled to partner with the extraordinary legal minds at the Texas Public Policy Foundation to stop lawless executive action and uphold our nation’s values,” said AFL’s Stephen Miller. “The issue at the heart of this case is whether the government has the right to deny Americans access to federal assistance based upon the color of their skin. Clearly, the answer is a resounding and thundering ‘NO’ — the government’s policy is wantonly illegal, unconstitutional, and immoral. Together, AFL and TPPF are proud to fiercely defend the civil rights of all Americans. This will be the first of many close collaborations in defense of our most sacred principles.”

“We look forward to what will undoubtedly be the first of many collaborations with America First Legal against an already lawless and misguided executive branch. They have a top-notch team of former senior administration officials, lawmakers, and experts who serve as watchdogs over an administration bent on undermining our freedom and interfering in our daily lives,” said TPPF’s Chief Counsel Robert Henneke. “For over 125 years, the United States Supreme Court has recognized that the Constitution forbids discrimination by the government against any citizen because of his race. This lawsuit will enforce that guarantee.”

The first case for the partnership is Greer’s Ranch Café vs Guzman, which seeks constitutional relief from a provision in the America Rescue Act that requires the Small Business Administration to prioritize businesses owned by women and racial minorities when doling out millions of dollars in COVID relief funding.

“These race and sex preferences are patently unconstitutional, and the Court should promptly enjoin their enforcement. Doing so will promote equal rights under the law for all American citizens and promote efforts to stop racial discrimination, because ‘[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race,’” the suit contends.