SDB Preference Constitutional
Client Alert | less than 1 min read | 08.02.04
In Rothe Dev. Corp. v. U.S. Dep't of Def. (W.D. Tex. July 2, 2004), the district court found that, although the initial enactments of a small disadvantaged business preference in DOD procurements were unconstitutional, in the 2003 version Congress sufficiently heeded the Supreme Court's affirmative action decisions in the past few years and supplied a "strong basis in the evidence" of racial discrimination to support the reenactment of the preference and withstand a facial challenge. The court brushed aside the evidence that the Asian-Americans benefited by the preference in the particular procurement were financially well off, noting that such evidence is only relevant to an administrative challenge to the SDB designation, not a constitutional challenge.
Insights
Client Alert | 7 min read | 10.21.26
Securities Law for Entrepreneurs
Do you want your startup to expand and become a major player in your industry? If so, you will most likely need to seek capital from outside investors to help you build infrastructure and fulfill orders.
Client Alert | 5 min read | 09.22.26
UK Government Proposes Corporate Reporting Reform and Removal of ESG Reporting Rules
Client Alert | 5 min read | 09.21.26
Congressional Letter Puts Spotlight on Unenforceable Secrecy Demands in Federal Subpoenas
Client Alert | 4 min read | 09.21.26
In a First, District Court Dismisses FCA Cybersecurity Complaint for Lack of Materiality
