Last November, the U.S. Court of Appeals for the Federal Circuit voided a law that established a five percent quota to award defense contracts to so-called disadvantaged small business owners, a decision with the potential to invalidate 8(a) of the Small Business Act contracting programs.
Under the provision, it was presumed that black, Asian, Hispanic, and American Indian business owners were socially disadvantaged.
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.’”
Last week the Pacific Legal Foundation (PLF) announced that the Department of Justice and the Department of Defense will not seek review from the U.S. Supreme Court. The appeals court’s ruling stands. PLF submitted a brief in the case.
From PLF attorney Sharon L. Browne:
“The Administration’s decision to let the Defense Department’s quotas in contracting program die is a victory for fairness, justice, and the principle of equal opportunity…Government discrimination because of race or ethnicity is wrong. This kind of bias sends a harmful message to people that their skin color is what defines them, and in the contracting sphere it undermines efficiency and drives up costs. Everyone who believes in the core values of civil rights and that the law should be color-blind, should welcome the demise of the Pentagon’s practice of tipping the balance by race in the use of public money.”
Visit PLF’s web site to download the case ruling and brief.
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