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.