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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...