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& ...

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 ...