LATEST SUMMARIES
AEROSPACE & DEFENSE, CONSTITUTIONAL LAW, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW
• Rothe Dev. Corp. v. Dep't of Defense
FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety.
To view the full-text of cases you must
sign in to FindLaw.com.
LATEST SUMMARIES
AEROSPACE & DEFENSE, CONSTITUTIONAL LAW, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW
Rothe Dev. Corp. v. Dep't of Defense, No. 2008-1017
In an equal-protection challenge to the requirements of 10 U.S.C.
section 2323 setting a "goal" that a certain percentage of defense
contracting dollars be award to entities owned and controlled by
"socially and economically disadvantaged individuals," summary
judgment for defendant is reversed where: 1) while considering the
legislation at issue, Congress did not have a "strong basis in
evidence" before it, upon which to conclude that defendant was a
passive participant in racial discrimination in relevant markets
across the country and that therefore race-conscious remedial
measures were necessary; and 2) without such evidence there was no
compelling government interest sufficient to withstand strict
scrutiny of the statute, and the statute was therefore
unconstitutional on its face.
Read more...
Back to newsletter list
