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Judge Rules Federal Highway Program's Race and Gender Criteria Unconstitutional

The ruling blocks the Department of Transportation from using these criteria in contracts for two companies in Kentucky and Indiana.

  • U.S. District Judge Gregory Van Tatenhove declared the Disadvantaged Business Enterprise program unconstitutional for using race and gender in awarding contracts.
  • This decision follows a Supreme Court ruling that curbed affirmative action policies in college admissions.
  • The ruling currently applies to two plaintiff companies, Mid-America Milling Company and Bagshaw Trucking, operating in Kentucky and Indiana.
  • The Department of Transportation will comply with the ruling but plans to continue defending the program as the case progresses.
  • The decision is part of a broader legal trend challenging federal programs designed to benefit minority-owned businesses.
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