UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ANTONIO VITOLO; JAKE’S BAR AND GRILL, LLC, Plaintiffs-Appellants, v. ISABELLA CASILLAS GUZMAN, Administrator of the Small Business Administration, Defendant-Appellee: OPINION THAPAR, Circuit Judge. This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot.

OPINION

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THAPAR, Circuit Judge. This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot. 

Thus, we enjoin the government from using these unconstitutional criteria when processing Antonio Vitolo’s application. 

It has been twenty-five years since the Supreme Court struck down the race-conscious policies in Adarand. And it has been nearly twenty years since the Supreme Court struck down the racial preferences in Gratz. As today’s case shows once again, the “way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Parents Involved, 551 U.S. at 748 (plurality opinion).

The government shall fund the plaintiffs’ grant application, if approved, before all later-filed applications, without regard to processing time or the applicants’ race or sex. The government, however, may continue to give veteran-owned restaurants priority in accordance with the law. This preliminary injunction shall remain in place until this case is resolved on the merits and all appeals are exhausted.

. https://drive.google.com/file/d/1UCpiu4y45xfOLONdEGLl9bAf0ARUAbOb/view?usp=sharing 

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ANTONIO VITOLO; JAKE’S BAR AND GRILL, LLC, Plaintiffs-Appellants,
v.
ISABELLA CASILLAS GUZMAN, Administrator of the Small Business Administration, Defendant-Appellee.
Nos. 21-5517/5528
On Emergency Motion for Injunction Pending Appeal and to Expedite Appeal.
United States District Court for the Eastern District of Tennessee at Knoxville;
No. 3:21-cv-00176—Travis Randall McDonough, District Judge.
Decided and Filed: May 27, 2021
Before: NORRIS, DONALD, and THAPAR, Circuit Judges.

REFERENCE:
Appellate Court Strikes Down a Piece of Biden's Race-Based America Rescue Plan 

Three cheers to a correct ruling by the 6th Circuit Court.

MISH