Federal Court Throws Out Small Business Quota Law
The U.S. Court of Appeals for the Federal Circuit has voided a law that established a five percent quota to award defense contracts to so-called disadvantaged small business owners. According to Government Executive, the decision may invalidate 8(a) of the Small Business Act contracting programs.
Under the provision, blacks, Asians, Hispanics, and American Indians were presumed to be “socially disadvantaged,” whether individual owners are actually disadvantaged or not.
The court contended that the quota requirement violates the Equal Protection clause “because it authorizes the Defense Department to afford preferential treatment on the basis of race and does not meet a ’strict scrutiny’ standard…Under this requirement, the government must prove that the preference is ‘narrowly tailored to serve a compelling government interest.’”
Bravo to the court for applying the Equal Protection clause to people of all races, as it was intended. Setting aside government contracts for someone based on skin color obviously is wrong, although it would be more obvious to some if set-asides harmed blacks. Consistency is the key. Racial discrimination, no matter who benefits, is wrong.
