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SATURDAY, DECEMBER 4, 2021 LOCAL & REGION BAKER CITY HERALD — A5 Most Idaho abortions banned if Roe v. Wade is overturned By KEITH RIDLER Associated Press BOISE — An Idaho law banning nearly all abortions would take effect if the U.S. Supreme Court overturns Roe v. Wade, the landmark 1973 ruling that declared a nationwide right to abortion. The court with a 6-3 conservative majority on Wednesday, Dec. 1 heard arguments over a Mississip- pi law that bans abortions after 15 weeks. That law is on hold following a 5th U.S. Circuit Court of Appeals ruling. The Mississippi law is also at odds with a 1992 Supreme Court ruling that states can’t prevent women from terminating pregnan- cies before viability, around 24 weeks. If those rulings are over- turned, as Mississippi of- ficials argue they should be, states would decide whether to regulate abortion before a fetus can survive outside the womb. That would trigger an Idaho law, passed in 2020, banning all abortions except in cases of rape, incest or to protect the life of the mother. That law would take effect in Idaho 30 days after the Supreme Court decision. That law passed the Republican-dominated Idaho House and Senate with no Democratic support, and was signed into law by Republican Gov. Brad Little. Under the law, criminal pun- ishment would be a felony and apply to the person performing the abortion, not the woman. LAWSUIT Continued from A1 James said he was content to merely grumble about the program but his wife con- vinced him to take action. “Don’t just complain about something unless you’re doing something about it,” Kathryn said. Is program constitutional? With the help of the Pacific Legal Foundation, a libertar- ian public interest law firm, the Dunlaps have filed a law- suit challenging the USDA’s minority loan forgiveness program as unconstitution- ally based on race. “Righting past discrimina- tion with more discrimination is not the way to go about it,” she said. “It should be based on individual circumstances.” The couple’s lawsuit is one of 12 similar complaints filed across the nation that argue USDA’s $4 billion loan forgiveness program violates the Constitution’s promise of equal protection under the law. The litigation has been consolidated as a class action lawsuit in federal court in Texas, where U.S. District Judge Reed O’Connor has is- sued a preliminary injunction halting the program. Similar orders against it have been entered in three other states. O’Connor wrote that “the government’s claim that new race-based discrimination is needed to remedy past race-based discrimination is unavailing,” meaning that it is ineffective. Few topics are more sensi- tive or uncomfortable than race and money, especially in the current politically tense atmosphere. The litigation against USDA tackles both subjects head-on. The allegations of preju- dice against white farmers may seem awkward, since the USDA itself has admitted to “decades of discrimination” against Blacks and other minorities. The new loan forgiveness program is needed because American growers haven’t equally benefited from FSA’s Little in July signed onto an amicus brief with Re- publican governors from 11 other states supporting the Mississippi law now before the Supreme Court. Then-President Donald Trump appointed three con- servative justices to the U.S. Supreme Court, including last year appointing Justice Amy Coney Barrett after the death of Justice Ruth Bader Ginsburg. Before that, the court had never before agreed to hear a case over a pre-viability abortion ban. Idaho lawmakers seeing the change on the Supreme Court the last several years have passed abortion-ban laws with trigger mecha- nisms. “I’m optimistic,” said Republican Sen. Todd Lakey, who sponsored the 2020 law. “I think the situation on the Supreme Court has im- proved in regard to pro-life issues. But you’re talking about precedent and other things the court will evalu- ate, so I can’t really predict where they’ll come down. But I’m hopeful that they will eventually, if not in this case then in another case, overturn Roe v. Wade.” Only one justice, Clar- ence Thomas, has publicly called for Roe to be over- ruled. Mistie DelliCarpini-Tol- man, Idaho State Director for Planned Parenthood Alli- ance Advocates, said wheth- er Idaho’s abortion law is triggered could depend on how broad or narrow the Supreme Court rules on the Mississippi case. “We are entering the most dangerous time for abortion rights in decades,” she said. “We’re going to do everything we can to keep fighting for abortion access. We refuse to let abortion access go by the wayside on our watch.” A different law passed earlier this year by Repub- licans in the House and Senate and signed by Little, which also has a 30-day trigger mechanism, would ban abortions once a fetal heartbeat can be detected. It does not appear that law would be triggered by the Mississippi case. It would be superseded by the more restrictive 2020 law if Roe v. Wade is overturned. If the court doesn’t overturn Roe v. Wade but upholds the Mississippi abortion ban at 15 weeks, it would not ap- pear to be restrictive enough to trigger the Idaho law. The Idaho law also contains language that causes it to be triggered by an appeals court ruling, not a Supreme Court ruling. According to the Guttm- acher Institute, a research organization that supports abortion rights, a ruling that overturned Roe and the 1992 case of Planned Par- enthood v. Casey would lead to outright bans or severe restrictions on abortion in 26 states. The institute said that states unlikely to ban abor- tion that would have the nearest provider for people from Idaho would be Wash- ington, Oregon, Nevada and Colorado. Jackie Jensen/Contributed Photo, File Baker City steer wrestler Jesse Brown competing in the 2020 National Finals Rodeo. Brown also qualified for this year’s National Finals Rodeo, which returned to its traditional venue at the Thomas & Mack Center in Las Vegas. ing with a back strain, was happy with his first run. “I had to make a horse Continued from A1 change at the last minute,” Dirk Tavenner and Riley he said of riding his own horse, Gunner. “He did well. Duvall tied for first in the It was good. The anticipation opening round Thursday leading up to tonight was a with times of 3.7 seconds. They each walked away with rush. I can’t wait until tomor- $24,167. row.” Brown, who was sitting The steer ropers had a second in the world stand- fresh pen of steers on Friday, Dec. 3. There are four pens, ings before the NFR, slid a which means they won’t see little in the standings, but Thursday’s steers again until there are still nine more rounds to go, and he started Round 4 on Sunday, Dec. 5. While Las Vegas can be a off right with a legal run and fun place to visit, Brown said a few dollars to add to his his day before the evening earnings. performance is jam packed. “I don’t really pay atten- “I had a packed day,” he tion to that,” he said. Brown, who was compet- said of Thursday. “I had physi- cal therapy in the morning, then they had us doing sign- ings and meet and greets. It’s an honor they even want me to do something like that.” Brown, 29, had his best professional rodeo season in 2021, earning $92,358.49 to place second in the world standings behind only Jacob Talley of Keatchie, Louisiana, who won $117,256.41. Brown is a 2011 Baker High School graduate. He had a solid debut at the National Finals Rodeo in 2020, finishing tied for first on the first of the 10 consecutive daily competitions. He ended the season ranked 13th in the world, with earnings of $88,558. by statistical evidence that other COVID-19 relief measures almost exclusively helped white farmers, said Dania Davy, director of land retention and advocacy for the Federation of Southern Cooperatives, a nonprofit that wants to intervene in the lawsuit to support the program. The “pattern and practice” of discrimination against mi- nority farmers has continued to this day, she said. “It’s not relegated to history, it’s an ongoing issue.” ‘Structural problem’ Different approach The loan forgiveness The bias experienced by The USDA’s minority loan program is sufficiently Blacks and other minorities forgiveness program, which “narrowly tailored” because isn’t just a matter of indi- Congress passed earlier it only benefits farmers of vidual FSA employees with a this year as part of broader Frustrating situation For minority farmers who racist agenda, said Cassandra coronavirus relief legislation, color who’ve taken out loans through USDA, Davy said. takes a different approach, stood to benefit from the loan Havard, a law professor at “It was limited to 17,000 said Stephen Carpenter, forgiveness program before it the University of Baltimore farmers and ranchers.” deputy director and senior was blocked, the situation is who’s studied the issue. The FSA’s loan portfolio “It’s a structural problem staff attorney at the Farm- personally frustrating. includes roughly $28 billion within the USDA,” she said. The litigation represents ers Legal Action Group, a FSA’s loan decisions are “more greed from white farm- nonprofit that provides legal in direct and guaranteed loans to 126,000 borrowers, services to growers. ers in this country,” said John influenced by county com- according to a 2021 Con- “Let’s do something Boyd, founder of the National mittees elected by the local without a lawsuit, program- Black Farmers Association populace, Havard said. The gressional Research Service and a fourth-generation arrangement can perpetu- matically to remedy past dis- report on agricultural credit. grower in Mecklenburg The plaintiffs are at- ate racial bias because these crimination,” Carpenter said, County, Va. summarizing the program’s committees are generally tempting to “manufacture a Boyd said that in the past dominated by white farmers. intent. narrative” that white farm- he’d been spat on by an FSA “You’re in competition with The preliminary in- ers — who disproportionately employee and had his loan other people who are also gain from USDA programs junctions against the loan application torn up, which farming nearby,” she said. “It forgiveness program bodes — are being denied equal aren’t experiences the plain- was basically a way of cutting well for the plaintiffs’ chances protection under the law, she out the competition.” said. of winning, he said. “If you tiffs can comprehend. Boyd characterizes the The constitutional amend- support the program, it’s not “They don’t know what a good sign the courts have discrimination is. They don’t situation facing Black farm- ment that guarantees equal know what it looks like or ers less diplomatically: “They suspended this program. But protection has a long history what it feels like,” Boyd said. know when you’re in trouble it’s not the end of the story.” of redeeming the rights of The litigation is ongoing “I just feel it’s shameful white with the USDA, they can pur- people of color, Davy noted. and the injunctions against farmers are doing this to us.” chase your farm for pennies “It’s a bit of a disrespect to the program aren’t perma- White farmers have that legacy,” she said of the on the dollar.” historically been able to write lawsuits. The USDA was accused nent. down their debt, refinance it of discrimination against The USDA can still prove or have it forgiven by USDA minorities in several lawsuits, that loan forgiveness spe- Equal under the law while Black farmers have including two class actions cifically for minority farmers The Pacific Legal Founda- instead faced foreclosure, he by Black farmers that were passes constitutional muster, tion, the nonprofit law firm said. settled for $2.4 billion. “but there’s a very rigorous that represents the Dun- Discrimination against However, the agency ad- examination of it by courts,” laps, doesn’t deny the “sad Black farmers still exists but mits in court filings that the he said. The government and unfortunate history of the lawsuits and injunctions payments “did not cure the must show that the program discrimination” at USDA. don’t acknowledge that real- problems faced by minority is “narrowly tailored” to help However, the organization people left behind by race- also believes that equality farmers.” ity, Boyd said. neutral approaches. under the law means every- Many farmers were “In some fashion, you “You have to show you have to recognize this terrible unaware of deadlines to file one is treated the same as an tried in the past to remedy claims or faced problems history that occurred on individual, regardless of race. American soil,” he said. “Why qualifying for payments, rais- the problem without using The USDA’s loan for- race to determine who gets not support a group of people ing concerns about whether giveness strategy doesn’t the benefit,” Carpenter said. protect “equality” but rather that has just been dogged by the compensation was ad- the government?” promotes the concept of “eq- equate, Havard said. “Farm- Black farmers represent ers felt like it was difficult for ‘Pattern and practice’ uity,” under which people are about 1.4% of the agricultural them to be successful.” entitled to certain outcomes The argument that producers in the nation, down Banking records are based on race, said Wen Fa, USDA’s program fits those from roughly 14% a century private, which stifles compari- legal parameters is backed the attorney for the Dunlaps. This philosophy relies on “crude racial stereotypes” and discounts the accom- plishments of successful minority farmers, said Fa. “Just because a farmer is a minority doesn’t mean the farmer is disadvantaged,” he said. “It’s demeaning and it’s wrong.” The legal dispute over USDA’s loan forgiveness pro- gram involves “fundamental equal protection principles” and has a higher-than- average chance of getting reviewed by the U.S. Su- preme Court, Fa said. If the program wasn’t challenged in court, it would encourage more racial discrimination by the government, he said. “Programs like this will be replicated all across the country,” he said. “A person’s opportunity is not based on achievement but on member- ship in a racial group.” The federal government has three options to correct the problem: Either elimi- nate the loan forgiveness program, expand it to include everyone with USDA loans, or change the eligibility to be race-neutral, Fa said. Under the race-neutral option, eligibility could be decided based on such fac- tors as financial need, loss of revenue due to COVID-19 or a lack of access to other coro- navirus relief funds, he said. A need-based loan forgive- ness program would be ac- ceptable to the Dunlaps, who depend on outside sources of income to keep their ranch afloat. “If they want to pass a plan like that, then great,” James said. “It shouldn’t be based on your skin color.” Kathryn works in sales for a marketing and research company. Until he was laid off, James was employed as a railroad engineer. He’s now considering a career in real estate. Their eventual goal is to make the ranch self-sustain- ing. “It’s a frustrating business. You don’t necessarily do it to make much money,” he said. “Our heart goes out to any grower in dire straits. I don’t care what color you are.” lending practices in the past, the agency said in court docu- ments. “In fact, the evidence indicates just the opposite: that throughout USDA’s history and up to present day, minority farmers have been ‘hurt’ more than helped due to discrimination in USDA’s farm loan programs,” the agency said. The federal government won’t comment on the litiga- tion beyond legal arguments filed on behalf of the USDA in court briefs, according to a U.S. Department of Justice representative. ago, according to USDA’s Census of Agriculture data. The proportion of Black farmers has plummeted over time due to a “bad taste in their mouth for the farm,” going back to sharecropping and slavery, Boyd said. Even so, some remain committed to the industry. “I love being a farmer. I’m going to die being a farmer,” he said. “I love the smell of the land when I throw that disc harrow in the ground.” RODEO sons between how Black and white farmers are treated by FSA, said Susan Schneider, a law professor at the Univer- sity of Arkansas who studied the issue. The USDA’s civil rights office was dismantled in 1983 and wasn’t reinstated until 1996, so many com- plaints were neglected. “You had to be able to prove a very specific instance of discrimination,” she said. “It’s really difficult to prove these kinds of cases.”