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DOD's Affirmative Action Program Unconstitutional

Client Alert | less than 1 min read | 11.06.08

The Federal Circuit in Rothe Dev. Corp. v. DOD (Nov. 4, 2008) has struck down as unconstitutional DOD's program under "section 1207" setting a goal of 5% of its contract dollars to small disadvantaged firms by giving them certain competitive advantages. The court found that Congress had not had before it sufficient evidence of specific discrimination in DOD contracting to satisfy the strict scrutiny standard required for legislation based on racial classifications.

Insights

Client Alert | 11 min read | 04.27.26

EU Pharma Package: Access Conditionalities and Shortage Measures Compromise Proposal

In our seventh alert in this EU Pharma Package Series, we provided an analysis of the increasing focus on shortages of medicinal products in the EU and the prevention and mitigation measures as proposed by the EU institutions....