While Vitolo only addressed the race- and sex-based discrimination in the American Rescue Plan Act of 2021, it could prove fatal to many federal and state statutes, regulations, and practices.
In passing the American Rescue Plan Act of 2021 (ARPA), Congress created a $28.6 billion fund for grants to restaurants impacted by the “uncertainty of current economic conditions.” But rather than provide Americans access to these funds equally, Congress expressly mandated race- and sex-based discrimination in doling out the money.