News & Analysis as of

Equal Protection DBE Program

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Winstead PC

Is DBE Contracting the Next to Fall After Affirmative Action?

Winstead PC on

In a significant ruling that could reshape federal contracting, a federal district court in the Eastern District of Kentucky has granted a preliminary injunction against key aspects of the United States Department of...more

Clark Hill PLC

Transportation's Disadvantaged Business Enterprise Program Violates Fifth Amendment's Guarantee of Equal Protection, Court Says

Clark Hill PLC on

In an effort to increase participation by disadvantaged business enterprises in projects funded by federal transportation grants, received by certain state departments of transportation (DOT), Congress enacted the U.S....more

Potomac Law Group, PLLC

The Court Extends and Clarifies the Injunction Barring DBE Program

In late September, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program....more

Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

Potomac Law Group, PLLC on

Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

Nossaman LLP

Federal Court Enjoins Race- and Gender-Based Classifications in USDOT DBE Program

Nossaman LLP on

On September 23, 2024, the United States District Court for the Eastern District of Kentucky (the “Court”) issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al.,...more

Nossaman LLP

Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE Program

Nossaman LLP on

On September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No....more

Holland & Knight LLP

Federal Court Declares 8(a) Program Unconstitutional as Applied to Military Simulation and Training Contracts

Holland & Knight LLP on

A federal court has ruled that the section 8(a) of the Small Business Act (SBA) – the statutory basis for the so-called “8(a) program” administered by the U.S. Small Business Administration (“SBA”) – is generally...more

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