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 | 4 min read | 07.27.26
On June 18, 2026, the California Department of Toxic Substances Control (DTSC) added microplastics to the list of Candidate Chemicals maintained under the state’s Safer Consumer Products (SCP) regulations. The listing of microplastics, which becomes effective on October 1, 2026, is the first step in the SCP regulatory process, which could lead to restrictions on products that contain or release microplastics.
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
Client Alert | 3 min read | 07.23.26
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
