Justices of the Supreme Court
——— ◊ ———
On January 2, 2013, attorneys representing the Black Farmers And Agriculturalists Association, Incorporated ("BFAA, Inc.") filed a PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS (Supreme Court of the United States, Case No. 12-848).
In affect, BFAA, Inc. is asking the United States Supreme Court to allow BFAA, Inc. (class representative) to come before the "High Court" to make arguments on behalf of its members, whose constitutional rights have been violated by the government (USDA) and others in the adjudication of various class action lawsuits. These violations include, but are not limited to, Due Process and Equal Protection under the law against Black farmers, their heirs, administrators and assigns (Petitioner) by USDA and others (Respondents).
BFAA, Inc. has alleged all along that, among other things, USDA, the lawyers paid by USDA to represent Black farmers and even the District Court, have allowed these farmers to be subjected and caused to be subjected to the same racial discrimination by the USDA — during the compensation phase for racial discrimination — for which the very lawsuits were designed to correct in the first place — nothing has changed.
Other minority farming groups (Native and Hispanic Americans as well as women (White women and their "husbands")) are all receiving better treatment, more money and others benefits — from their lawsuits against USDA — than Black farmers and their heirs are receiving from the same legal proceedings.
Moreover, it must be noted, several other Black farm advocacy groups are simply pleading (begging) USDA and the Courts to "do the right thing" for Black farmers and their heirs. Begging and pleading, notwithstanding, none of these advocacy organizations has seen fit to take USDA to a higher court and demand justice for their clients, but BFAA, Inc.
In the final analysis, the African American civil rights community can no longer sit on the sideline and wait for others to fill our empty and tarnished cups of justice and equal treatment — when it suits them. We must take charge, command and enforce our deliverance, payments and justice or — resign ourselves to the impending state for permanent underclassmen.
More disturbing still is the undisputed and indefensible fact that other minority groups mentioned above are not only receiving better relief — they are receiving that relief now — while Black farmers are being forced to wait and watch in disbelief and bewilderment. Interesting enough, the Courts have instructed the Treasury Department to start sending checks ($50,000) to them (Native American farmers) as early as last August. Keep in mind, however, the Black farmers lawsuits were both initiated and certified by the Courts before any of the other minority farmers settlements were approved. But, the Courts have yet to instruct the Treasury Department or USDA to make payments available to African American farmers and their heirs.
To be certain, Congress did indeed instructed the USDA and the Courts in the 2008 Food, Conservation and Energy Act, Public Law No. 110-246, 122 Stat. 1651, 2209, (2008) ("Section 14012") — five years ago — to pay "all" of the Black farmers claims held over from the 1999 Pigford I lawsuit (some fourteen years ago). Accordingly, every dime of the hundreds of billions of dollars of the 2008 Food, Conservation and Energy Act has been spent and delivered to all of the other intended beneficiaries (colleges, universities, child nutrition programs, food stamp, rural development grants and, lest we forget — White farmer's loans and subsidies et cetera). But, hereto, not one cent of the Act's Appropriations ($1.25 Billion) to pay Black farmers and their heirs has been given to these individuals. This is the 21st century phase of "Share-Cropping and Jim Crow" — 102 (United States Government curriculum).
Sadly, however, BFAA, Inc. is the only civil rights association to cry "foul ball" (in court) in this otherwise historical, economic and financial boon for our community. These class action litigations, rightly understood, have the potential to inject billions of dollars into the African American economy. Therefore, we cannot allow the government and the special interest groups, who now control much of it, to slide home scot-free and avoid making restitution to the people that Congress and the taxpayers have decided to compensate for the shameful acts of racial discrimination against them. In time (if we let them) USDA and the employees who discriminated against Black farmers will simply march home — in celebration — with total and complete impunity while the farmers and their heirs are left holding — once again — an empty bag. Justice and just compensation are required — now.
The High Court has not assigned a Case Number at this time to our Petition. However, the United States Court of Appeals Case No. is Consolidated with 11-5334, 12-5019. Thank you!
BFAA, Inc. President
But let judgment run down as water, and righteousness
as a mighty stream
 BFAA, Inc., by and through its president, Thomas Burrell, presented a twenty-eight page document (Document. No. 208) (In re Black Farmers Discrimination Litigation, Case No. 08-mc-0511)) containing numerous objections (with supporting authority) to the proposed settlement at the Fairness Hearing on September 1, 2011, in the Federal District Court (District of Columbia) on behalf of BFAA, Inc. members. See Petition for Writ of Certiorari at C-14
 Previous counsel for BFAA opposed BFAA's appeal and has taken an adversarial posture towards BFAA inasmuch as previous counsel now represents Appellees (USDA and others). It is the position of BFAA that this conflict constitutes a stunning violation of law, the Rules of Professional Responsibility and local rules of Court and contaminated the settlement proceedings. Id. at viii. This, is to say, the funds set-a-side — by congress — to pay Black farmers for being discriminated against by USDA —- are now being diverted by USDA and the Distrist Court and given to the farmers lawyers to help defeat the farmers' claims against USDA. . this
than this. this. for over,