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Equal Protection DBE Program Small Business

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 -
Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...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

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

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