News & Analysis as of

Race Discrimination Equal Protection Small Business

Cozen O'Connor

Republican AGs Call for End to Federal DBE Program

Cozen O'Connor on

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...more

Potomac Law Group, PLLC

Fourth Circuit Dismisses Challenge to SBA 8(a) Business Development Program

Earlier this month, the United States Court of Appeals for the Fourth Circuit issued a decision dismissing a challenge to the Small Business Administration’s 8(a) Business Development Program. You can read a copy of the...more

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

Frantz Ward LLP on

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Bass, Berry & Sims PLC

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

Bass, Berry & Sims PLC on

On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

Schwabe, Williamson & Wyatt PC

District Court Rules SBA Presumption of Social Disadvantage Is Unconstitutional

On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Holland & Knight LLP

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

PilieroMazza PLLC

Constitutionality of 8(a) Program Reaffirmed

PilieroMazza PLLC on

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

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