This 250th year of American independence has given us much to celebrate. We have honored the courageous signing of the Declaration of Independence and reflected on how its principles unleashed a degree of prosperity unmatched in human history. Each and every day, the Trump administration has built on this legacy of freedom in unprecedented ways, from policy achievements to cultural events around our capital.
Understandably, this year’s historic fireworks, literally and figuratively, may have caused some to overlook one of the more significant causes for celebration. As of this summer, the Supreme Court and the Trump administration agree that you should be treated as an individual without regard to your race or color. In Allen v. Milligan (2026), the Supreme Court for the first time issued a decision citing “our colorblind Constitution.” The phrase has been quoted numerous times since across the Trump administration, but the principle behind it has guided the U.S. Department of Agriculture since Day One. And the principle has deep roots.
Justice John Marshall Harlan was the first jurist to claim we have a colorblind Constitution. In his lone dissenting opinion in Plessy v. Ferguson in 1896, he insisted the Constitution neither knows nor tolerates classes among citizens. His position was that the Constitution did not permit racial segregation under the “separate but equal” doctrine. Generations later, the civil rights movement fought for the colorblind principle. It took until this year for the Supreme Court to state it in its own words. But this administration has carried out that principle at the USDA all along.
It started with Agriculture Secretary Brooke Rollins canceling nearly 1,000 problematic employee trainings, more than 750 of them focused on divisive or discriminatory DEI concepts. Separately, in June 2025, the USDA terminated more than 145 awards worth as much as $148.6 million that had used race as the basis of preference or disfavor. One of those awards required limiting free produce distributions based on the race of the requesting family.
Additionally, under previous departmental regulations, USDA-funded organizations could be held liable for discrimination solely on the basis of statistics outside their control, without any evidence of intent to discriminate. The message to these organizations was essentially to “get their numbers right” by taking actions that would, for example, balance the racial composition of their workforce.
This concept, known as “disparate impact liability,” twisted our laws guaranteeing equal treatment into regulations that pushed organizations toward racial quotas to avoid scrutiny. However, it is impossible to be true to our colorblind Constitution while promoting racial balancing. That’s why we recently rescinded all of our disparate impact regulations related to our program activities at the USDA.
We have continued to combat unlawful discrimination wherever we find it. The USDA civil rights staff has conducted over 1,000 investigations of alleged discrimination in USDA programs in fiscal 2026 alone. We have reformed multiple regulations that gave racial preference under the code words “socially disadvantaged.” And programs from farm loan guarantees to conservation grants no longer ask what a person looks like before deciding whether they are eligible.
Perhaps our most enduring activity in support of our colorblind Constitution is a first-of-its-kind effort we call the Merit-Based Opportunity Commission. The USDA assembled subject-matter experts from every staff office and mission area to examine their policies for instances where people were judged by their demographics. With an enterprise-wide mandate, the commission has combed through thousands of guidance documents and regulations, grants and other awards, employment practices, webpages, and operations manuals. Wherever any remaining discriminatory practices or policies are found, we eliminate them and replace them with standards of merit and equal opportunity. No office is exempt, and no policy is left unexamined.
I STILL HAVE GROUND ZERO ASH ON MY SHOES. AMERICA IS FORGETTING WHAT BUILT IT
The USDA serves millions of people through the work of nearly 100,000 devoted employees. Programs such as rural housing, farm equipment loans, and nutrition assistance can mean the difference between a hungry, impoverished America and one with thriving families and a growing economy. The USDA is dedicated to serving every American regardless of race or color so that everyone can prosper, not just some.
The Supreme Court moved the country closer to that ideal this year by declaring that our Constitution is colorblind. Since January 2025, the USDA has been carrying out that vision through sustained action. We commit on this Constitution Day to continue this work in honor of the colorblind vision of our founding document.
Devon Westhill is the USDA assistant secretary for civil rights.