BLACK FARMERS FILE PETITION TO THE SUPREME COURT

  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[1] 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[2] 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!

 

Regards,

 

Thomas Burrell

BFAA, Inc. President

901.522.8880

bfaapresident@aol.com

 

 But let judgment run down as water, and righteousness

as a mighty stream

  Amos 5:24

_____________________________ 

[1]     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

[2]   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,    

  

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5 Responses to “BLACK FARMERS FILE PETITION TO THE SUPREME COURT”

  1. [...] cash payments and loan forgiveness, though the Black Farmers and Agriculturalists Association has filed an appeal because Pigford II provides smaller payments and places limits on claimants’ future legal [...]

  2. mr c plumpp says:

    thanks  mr.thomas  burrell  for  standing up for justice as we know jim crow is working on every hand its time for us to take a stand at all cost for justice and rightness

  3. Mr. G.K. Johnson says:

    Thanks for responding to my request giving me the cause number to the intervention. Not paying Black farmers is just another example on how the court circumvent justice and cry foul ball to Black Americans; while paying others ethic groups. White America still has a deep resentment on the government correcting past injustice to Blacks. Unfortunately we have too many Clarence Thompsons’ that benefitted from programs and “gotten theirs” and now willing to close the door on those behind them.

    I been to seminars where whites have been coached to answer questions for gains/benefits and now people are calling your coaching committing fraud, I say not. Learning how to answer legal questions is a necessity.

    G.K. Johnson

  4. Jr says:

    Who should have an active membership with BFAA, (Claimants, although some claimants are deceased, or just Submitters)?

    • admin says:

      Depending on the circumstances, either the claimant or the submitter can have an active membership with BFAA. For more information, please refer to the links on our main page, or call us at the Memphis office at 901-522-8880.

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