Black Farmers Endorse Supreme Court Nominee

U.S. Appeals Court Judge Brett Kavanaugh


On Wednesday, August 15, 2018 Thomas Burrell, President of the Black Farmers and Agriculturalists Association (BFAA) sent a correspondence to, among other persons, Senator Charles Grassley, Chairman, Committee on the Judiciary in Washington. D.C. giving the association’s endorsement of the U.S. Appeals Court Judge, Brett Kavanaugh to the Supreme Court.

Please see reply letter at bottom of this letter and mail it!

Why The Endorsement

On July 13, 2015 Thomas Burrell and The Black Farmers and Agriculturalists Association filed, by and through their attorney, a class action lawsuit against the Department of Agriculture (USDA) and one of its contractors (Epiq Systems, a/k/a the Claims Administrator in Portland, Oregon) for violating BFAA’s members’ civil rights.

USDA allowed the Claims Administrator to disqualify thousands (50,593) of Black farmers and/or their heirs from participating in the Hispanic and Female Farmers and Ranchers Voluntary Claim Process. See, Case1:00-cv-02502, Document 249 at Page 2. The majority of these claims were denied by the Claims Administrator for no other reason, but that they were filed for the benefit of African American males as follows:

Thank you for your interest in the Hispanic and Women Farmers and Ranchers Claims Resolution Process.  To participate in this Process, you must be either Hispanic/Latino or female. On your Claim Form, you indicated that you are an African American male. As a result, you are not eligible to participate in this Claims Resolution Process, and your claim has been DENIED.

BFAA argued that this denial violated Title VI of the Civil Rights Act of 1964 which states as follows:

Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the     landmark Civil Rights Act of 1964. It prohibits discrimination on the     basis of race, color, and national origin in programs and activities     receiving federal financial assistance. As President John F. Kennedy said in 1963:

“Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.”


Federal District Judge Tanya S. Chutkan

Astonishingly, this case was filed in the Federal District Court For The District of Columbia and was assigned to Judge Tanya S. Chutkan who decided against BFAA’s members and sided instead—with USDA.

BFAA filed a timely appeal to the United States Court of Appeals (D.D.C.) and the Appeals Court overruled Judge Chutkan and on October 31, 2017 issued an ORDER denying USDA’s motion for summary affirmance and therefore, ruled in favor of the Black farmers.

Letter Writing By BFAA Members 

Moreover, one of the three Appeals Court Judges who ruled in favor of BFAA and its members and issued the ORDER was — and still is —sitting on the bench  — Judge Brett Kavanaugh.  Judge Kavanaugh, here again, is the same Judge that is now being nominated to sit on the “High Court.” He is expected to face stiff opposition from the special interest groups who have fought to keep tens of thousands of Black farmers and their heirs from receiving the roughly TWO BILLION DOLLARS that is being sought by BFAA in the current lawsuit.

BFAA will not allow politics and/or party lines to stand in the way of securing the blessings of liberty for its members who stand to be paid from this lawsuit.  BFAA will support those who have demonstrated a resolve in upholding the Constitution of the United States of America and the protection of the rights of all Americans — African American males and their heirs especially.

As President of BFAA, I, Thomas Burrell,  have a duty and fiduciary obligation to represent and defend our members’ constitutional and congressionally mandated rights and fight for the same relief that was afforded other minorities under the voluntary claims process and its enabling legislation (2008 Farm Bill, Section 14011).

We thank Judge Kavanaugh for upholding the constitution of this great country on behalf of our members and will give him whatever support (unsolicited) within this association’s power. A copy of the letter to Senator Grassley is posted at BFAA, Inc.’s website. Thank you!

Lastly, BFAA’s President, Thomas Burrell, is asking all of our members and supporters to download a copy of the letter that is being used to send “your” support for Judge Kavanaugh’s confirmation by the Senate. Click Here, fill out the form letter, sign, date and mail it as soon as possible. The Senate hearing will start on September 4, 2018. Thank you!

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