Vice President Kamala Harris sought to drum up enthusiasm among minority voters by offering “fully forgivable” federal loans to Black entrepreneurs, but courts have rejected previous attempts to hand out federal funds based on race.
The Democratic presidential candidate’s “Opportunity Agenda for Black Men” would provide “1 million loans that are fully forgivable” — in other words, grants — of up to $20,000 each for “Black entrepreneurs and others to start a business.”
“When we invest in Black men — their dreams, aspirations, and ambitions — we are stronger,” she said in announcing her plan this week.
As long as “Black entrepreneurs and others” means male and female business starters of all races, including White, Hispanic and Asian Americans, the vice president’s $20 billion loan plan should be on sound legal footing.
If not, constitutional law experts say, Ms. Harris is all but certain to violate the 14th Amendment’s equal protection clause, which bars discrimination based on factors including race and sex.
“The federal government handing out business grants or loans based on race clearly violates the constitutional guarantee of equal protection under the laws,” said Cornell Law School professor William Jacobson, who runs the Equal Protection Project.
“It’s not even a close call,” he told The Washington Times. “For a candidate to propose such a racist agenda not only shocks the conscience, it shows a profound disrespect for the law.”
Josh Blackman, professor of constitutional law at the South Texas College of Law Houston, said, “I think expressly granting benefits on the basis of race would violate federal law and would be unconstitutional.”
Ms. Harris’ five-point plan also calls for training and mentorship for Black men, protecting the “cryptocurrency investments” of Black men, launching a national health equity initiative for Black men, legalizing recreational marijuana and creating “opportunities for Black Americans to succeed in this new industry.”
William Trachman, Mountain States Legal Foundation general counsel, said, “There are major constitutional problems with all of these proposals.”
He pointed to the Biden administration’s attempts to deliver race-based debt relief and disaster aid to minority farmers and ranchers, which were blocked by the courts.
“As we’ve seen with recent equal protection victories against discriminatory farm aid, disaster relief programs, and minority business handouts, the government can’t treat broad categories of citizens solely by race like this,” Mr. Trachman said. “And the Supreme Court already let us know in the Harvard affirmative action decision that it’s paying attention.”
In its June 2023 decision in Students for Fair Admissions v. Harvard, the Supreme Court held that race-based admissions programs in higher education violate the equal protection clause.
“So it’s a shame that Vice President Harris is trying to fool voters into thinking that these unconstitutional programs will actually be implemented,” Mr. Trachman said.
Kamala Harris is so worried she’s losing support among black men that she’s offering $20 BILLION in forgivable loans to only certain Americans if they have the right skin color.
— Charlie Kirk (@charliekirk11) October 15, 2024
Not only is that illegal, it’s called PANIC.https://t.co/gPCYOdgmUc pic.twitter.com/mvAvAZk6h3
The Harris campaign proposes the Opportunity Agenda as the Democratic Party tries to win back minority voters. Polls show Ms. Harris underperforming among Black voters compared with previous Democratic candidates, including President Biden.
Mr. Biden won 90% of the Black vote in 2020, and Hillary Clinton took 92% in her 2016 loss to Donald Trump. Ms. Harris has just 78% of support in her run against Mr. Trump, according to a New York Times/Siena College poll of likely Black voters released Saturday.
Ms. Harris’ support is weaker among Black men. Only 70% of those surveyed said they plan to vote for her on Nov. 5.
Those praising the Opportunity Agenda include former President Barack Obama, who said the vice president “has a plan that will lift up Black men and their families.”
“She’s laid out some ways to give Black men the tools to build wealth, achieve financial freedom, and lower costs,” Mr. Obama said on X.
Ms. Harris’ critics said the agenda appears to be an act of desperation at best and a thinly disguised bribe at worst.
Former Republican presidential candidate Vivek Ramaswamy called the agenda a “pathetic, last-minute gambit by Kamala to buy votes from black men.”
“The best way to stop discrimination based on race is to *STOP* discriminating based on race,” he said on X. “We should finally give it a try in America.”
MSNBC host Joy Reid had a different take. She suggested that Black men as a voting bloc “played hard to get” to persuade Ms. Harris to deliver “a whole long list of policies specific to you.”
“That is how votes are supposed to work,” Ms. Reid said. “You’re supposed to be asked for your vote. You’re supposed to have agendas presented to you. Y’all got that.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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