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.”