Articles
North Carolina's contracting quotas found to be unconstitutional in H.B. Rowe v. Tippett
July 23, 2010 | By PACIFIC LEGAL FOUNDATION
Author: Ralph W. Kasarda Under the guise of its Minority Business Enterprise and Woman Business Enterprise Program (MWBE Program), North Carolina has operated a discriminatory public contracting program since 1989. Yesterday, the Fourth Circuit Court of Appeals, in H.B. Rowe v. Tippett, held that most of the MWBE Program is unconstitu ...
Articles
Is there a de minimis exception to the Equal Protection Clause?
March 31, 2010 | By PACIFIC LEGAL FOUNDATION
Author: Ralph W. Kasarda Would the government be correct in arguing that a public contracting scheme that discriminates and grants preferences on the basis of race is not subject to strict scrutiny, if the program discriminates only a little bit? I recently participated in oral argument before the Fourth Circuit Court of Appeals in PLF& ...