9th Circ. Tosses Ariz. Contractor's Reverse Bias Suit

Law360, New York (June 28, 2012, 5:59 PM EDT) -- State contractors who challenge affirmative action bidding policies under equal protection laws must have direct evidence that they were personally injured by a policy before they can sue, the Ninth Circuit said Wednesday, tossing an Arizona man's challenge of the state's now-defunct disadvantaged contractor program.

In a unanimous opinion, a three-judge panel said Arizona’s Disadvantaged Business Enterprise program, which was designed to make contracts more accessible to minority-owned businesses, posed no obvious barrier to plaintiff Paul Braunstein’s ability to acquire Department of Transportation subcontracts for his...
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