Goodbye to Racial Quotas in Federal Contracts
In a motion in federal court in Kentucky, the Justice Department said the Transportation Department's longstanding Disadvantaged Business Enterprise program (DBE) violates the Constitution's Equal Protection Clause. This is the program that sets aside federal contracts for women and minorities. The DBE program doles out some $37 billion in contracts over five years.
The case was brought by the Wisconsin Institute for Law & Liberty (WILL), which sued the federal government in 2023 on behalf of Mid-America Milling and Bagshaw Trucking. The companies say they were denied contracts because they weren't minority- or woman-owned. In September 2024 federal Judge Gregory Van Tatenhove issued an injunction and said the case was likely to succeed on the merits.
Race and gender quotas have warped government contracting since the early 1980s, and the DBE requirements were most recently authorized by the Biden Administration. They required states to administer a federal formula that set aside roughly 10% of contracting dollars for everyone from architects and engineers to companies that lay the asphalt and provide the steel.
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