VITOLO v. GUZMAN

Nos. 21-5517/5528.

999 F.3d 353 (2021)

Antonio VITOLO; Jake's Bar and Grill, LLC, Plaintiffs-Appellants, v. Isabella Casillas GUZMAN, Administrator of the Small Business Administration, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 2021.


Attorney(s) appearing for the Case

ON MOTIONS AND REPLY: Daniel P. Lennington , WISCONSIN INSTITUTE FOR LAW & LIBERTY, Milwaukee, Wisconsin, for Appellants. ON RESPONSE: Marleigh D. Dover , Jack Starcher , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

THAPAR, J., delivered the opinion of the court in which NORRIS, J., joined. DONALD, J. (pp. 366-74), delivered a separate dissenting opinion.


OPINION

This case is about whether the government can allocate limited coronavirus relief funds based on the race and sex of the applicants. We hold that it cannot. Thus, we enjoin the government from using these unconstitutional criteria when processing Antonio Vitolo's application.

I.

As part...

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