DC Circ. Boots Challenge To SBA Disadvantaged Biz Program

Law360, Nashville (September 9, 2016, 7:04 PM EDT) -- The D.C. Circuit on Friday rejected an information technology contractor's challenge to the law underpinning the U.S. Small Business Administration's 8(a) program for disadvantaged small businesses, ruling the program was not unconstitutionally based on race.

Although the 8(a) program is intended to extend federal contracting opportunities to small businesses whose owners were deprived of those opportunities by cultural bias or racial or ethnic prejudice, the law implementing the program does not include a "racial presumption" and thus does not violate the Fifth Amendment's equal protection requirement, a three-judge panel ruled in a 2-1 decision.

"[Congress] chose to advance equality of business...

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