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Black Farmers and Agriculturalists Association, Inc., et al. v. Brooke L. Rollins, Secretary of Agriculture, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-5119 · judgment October 8, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a dissent in the court below, a business petitioner, and counsel who has filed here before.

Questions presented

  1. Whether the United States Department of Agriculture's ("USDA") policy, codified within USDA's Discrimination Financial Assistance Program ("DFAP"), that excludes applications for financial assistance submitted on behalf of the estates of deceased farmers for past USDA discrimination in farm lending programs ("Legacy claims"), violates Section 22007 of the Inflation Reduction Act of 2022, Pub. L. No. 117-169 (hereinafter "Section 22007, and IRA for "Inflation Reduction Act").

  2. Whether the USDA policy of excluding Legacy Claims from DFAP violates the Administrative Procedure Act.

  3. Whether the USDA policy of excluding Legacy Claims from DFAP violates 42 U.S.C. §§1981 or 1982.

  4. Whether the USDA policy of excluding Legacy Claims from DFAP violates the Due Process Clause of the United States Constitution.

Counsel of record

For petitioner
Leo Patrick Ross

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jul 08 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 02 2026
    Waiver of right of respondent Rollins, Secretary of U.S. Agriculture to respond filed.
  4. Mar 06 2026
    Petition for a writ of certiorari filed. (Response due July 10, 2026)