Calif. Cracks 9th Circ. Scrutiny Of Contract Preferences

Law360, New York (April 19, 2013, 9:07 PM EDT) -- The Ninth Circuit has taken a tougher stance on the government's race-based contracting preferences than other appeals courts, but a recent win by California's Department of Transportation shows that an agency can meet even the strictest scrutiny by backing its affirmative action programs with industry-specific data.

The Ninth Circuit on Tuesday upheld the California Department of Transportation’s Disadvantaged Business Enterprise Program, which implements a federal program to give more contracting opportunities to companies owned by women and minorities, saying the state's data-driven and narrowly focused approach met the standards required by the Equal Protection Clause of the Constitution.

The case is...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS