Are More Constitutional Challenges to State DBE Contracting Programs On the Way?
An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs.
In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more