WASHINGTON, D.C. – Today, America First Legal (AFL) launched an investigation into the proposed rule “Fair Lending, Fair Housing, and Equitable Housing Finance Plans,” 88 Fed. Reg. 25,293 (Proposed Rule) of the Federal Housing Finance Agency (FHFA).
The Proposed Rule directly conflicts with prohibitions on racial criteria for federal benefits, recently affirmed in the Supreme Court’s historic decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., which struck down affirmative action. 600 U.S. 181, 213 (2023).
Despite the Court in Students for Fair Admissions, Inc. holding that past discrimination may not be used to justify discrimination in the present, the Proposed Rule does exactly that by citing “past discrimination” as criteria to be considered an eligible “underserved community” which it describes as “an important element of a plan.”
The Proposed Rule cites its authority for the Enterprises’ (Fannie Mae and Freddie Mac) “need to advance equity,” though it refuses to define what it means by “equity.”
Discrimination is always wrong, and the Biden Administration continues to take every opportunity to attempt to rectify wrongs in the past with wrongs in the present. AFL will not back down in its pursuit of transparency.
Statement from Gene Hamilton, America First Legal Vice President and General Counsel:
“The Biden Administration is committed to a wholesale Marxist ideology centered on one’s identification as a member of a given race. Under their ideology, a system of spoils between the haves and the have-nots–between the government’s chosen winners and the losers–pivots on immutable characteristics like race. Meaning, of course, that an American citizen’s hard-earned money is taken from them in the form of taxes and redistributed to other Americans through programs that make decisions based on race. It’s evil, it’s contrary to our American ideals, and we must root it out of our federal government,“ said Gene Hamilton.
Read the FOIA here.
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