Rothe Development, Inc. v. Department of Defense Documents 6-5-16



Case Attorneys

Meriem L. Hubbard

Senior Attorney

Meriem Hubbard has been an attorney at Pacific Legal Foundation since January 2000.  She litigates cases involving property rights, public finance issues, and preferences in government hiring, contracting, and education. … ›

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Joshua P. Thompson

Senior Attorney

Joshua Thompson joined Pacific Legal Foundation in August 2007. He primarily litigates cases involving equality under the law, economic liberty, school choice, and coastal land rights. Joshua was raised in … ›

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Case Commentary

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By Ethan W. Blevins

Why the separation of powers matters for racial equality

In high school, I spent hours hunkered at a library computer playing Sid Meier’s Civilization instead of working on the school newspaper In the game, you could lead your own civilization from stone age to space age You’d guide every detail about your burgeoning society–from their religion to their labor You’d eventually cross paths with rival civilizations led by guys like Stalin, somehow attired in his Bolshevik uniform and holding a cigarette even in the Bronze Age; “Greetings from he who makes mortals tremble,” he’d say

As I toyed with the fate of millions on the clunky library PC, HL Mencken had me pinned: “The urge to save humanity is almost always a false front for the urge to

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By Meriem L. Hubbard

When is a statutory reference to race a racial classification?

Rothe Development, a small contracting business located in Texas, submitted the lowest bid on a Defense Department contract   But because the Small Business Act creates a preference for firms owned by socially or economically disadvantaged individuals, Rothe was not awarded the contract  Rothe sued the Defense Department and the Small Business Administration (SBA) alleging that the preferences violate the Equal Protection Clause

Socially disadvantaged individuals are defined in the SBA as those “who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities”   Rothe argued that this language, on its face, creates

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