[20210729]LSB10631_美国救援计划法案：平等保护挑战.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The American Rescue Plan Act: Equal Protection Challenges July 29, 2021 Following the enactment of the American Rescue Plan Act (ARPA) earlier this year, several lawsuits have been filed in federal court alleging that certain race- or sex-conscious relief that the ARPA authorizes is unconstitutional on equal protection grounds. These complaints have challenged aspects of the ARPA authorizing the Restaurant Revitalization Fund (RFF) program administered by the Small Business Administration (SBA) and a loan forgiveness plan administered by the Department of Agriculture (USDA); among other requested relief, plaintiffs sought court injunctions to halt their implementation. As the SBA and USDA began to implement these programs, several federal courts, including a federal court of appeals for the Sixth Circuit, granted motions to preliminarily or temporarily enjoin the agencies from implementing these programs until the litigation is resolved. This Sidebar discusses equal protection principles at play in these legal challenges. It then highlights aspects of the Sixth Circuit decision concernin