He says the 1983 federal program violates equal protections.
District Judge Greg Van Tatenhove ruled that the Transportation Department (DOT) program offering additional funding to businesses owned by women and racial minorities violates the Constitution’s guarantees for equal protections.
Congress first authorized the Disadvantaged Business Enterprise program in 1983, ensuring that the department allocates at least 10 percent of its funding for transit projects is directly spent on contracts with women-owned or minority-owned businesses. Last year, two companies sued the Transportation Department over this program, claiming that it was unlawful for the department to rely on race or gender when considering contract bids.
“The court is keenly aware of the past discrimination that certain groups of people have faced in this country,” Judge Van Tatenhove wrote. “And the court is sure that the federal government has nothing but good intentions in trying to remedy past wrongs.”
Nevertheless, the Eastern District of Kentucky judge, citing a ruling made by the Supreme Court last year, ordered the department to cease implementing the program.
As the Lord Leads, Pray with Us…
- For federal judges as they hear constitutional challenges to laws passed by Congress and implemented by executive departments.
- For Transportation Officials as they carry out the president’s programs and policies.
Sources: Reuters, U.S. News & World Report
