Republican AGs Call for End to Federal DBE Program

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  • 20 Republican AGs filed an amicus brief in support of a proposed consent order that would end federal enforcement of the Disadvantaged Business Enterprise program (DBE), which requires federal transportation fund recipients to allocate contracts to small businesses owned and controlled by socially and economically disadvantaged individuals.
  • In their brief, the AGs argue that the program is unconstitutional, violating the Equal Protection Clause by using race- and sex-based criteria in public contracting. They also contend that the program imposes significant financial and administrative burdens on states, including pressure to reject lower bids to meet demographic targets, inflated contract costs, and additional monetary and logistical expenses associated with compliance.
  • The AGs urge the court to enter the proposed consent order.
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