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  • District Court Strikes Down Race Preference in USDA's and SBA's Contracting Schemes

    07/19/2023 4:02:43 PM PDT · by CFW · 7 replies
    Reason/Volokh Conspiracy ^ | 7/19/23 | EUGENE VOLOKH
    From Judge Clifton Corker's opinion today in Ultima Servs. Corp. v. U.S. Dep't of Agric. (E.D. Tenn.): This case concerns whether, under the Fifth Amendment's guarantee of equal protection, Defendants the United States' Department of Agriculture ("USDA") and the Small Business Administration ("SBA") may use a "rebuttable presumption" of social disadvantage for certain minority groups to qualify them for inclusion in a federal program that awards government contracts on a preferred basis to businesses owned by individuals in those minority groups. The court generally answers this "no"; here's an excerpt, though if you're interested in the details you should read...
  • US agencies temporarily barred from enforcing LGBTQ guidance

    07/16/2022 3:19:49 PM PDT · by Oldeconomybuyer · 15 replies
    The Associated Press ^ | July 16, 2022 | By MARK GILLISPIE
    A judge in Tennessee has temporarily barred two federal agencies from enforcing directives issued by President Joe Biden’s administration that extended protections for LGBTQ people in schools and workplaces. U.S. District Judge Charles Atchley Jr. in an order on Friday ruled for the 20 state attorneys general who sued last August claiming the Biden administration directives infringe on states’ right to enact laws that, for example, prevent students from participating in sports based on their gender identity or requiring schools and businesses to provide bathrooms and showers to accommodate transgender people. Atchley, appointed by President Donald Trump in 2020, agreed...