New front develops in battle against government discrimination
The U.S. Supreme Court already has barred affirmative action in college admissions.
That's when schools would intentionally discriminate against some students simply because they are male, or white, or have any characteristic that was not considered "minority."
Now a legal fight has opened in a new front against the Biden administration's advocacy for that very discrimination.
The Wisconsin Institute for Law & Liberty says it has filed a federal lawsuit against Biden's "disadvantaged business enterprise" scheme.
The case charges that allows illegal discrimination against two clients – Mid-America Milling Company LLC and Bagshaw Trucking Inc.
The legal team said the federal program is "the largest, and perhaps oldest, affirmative action program in U.S. history," and it's run by the U.S. Department of Transportation.
Dan Lennington, WILL deputy counsel, said, "It’s time for discrimination to end. Our clients are hardworking small business owners who just want to build roads and make America a great place for everyone. But time and time again, they lose out on business because of their race and gender. This is un-American, and we’re putting a stop to it.":
It was just last summer that the United States Supreme Court ruled that affirmative action is almost always illegal. Through its Equality Under the Law Project, WILL seeks to extend the foundational right of equality to all corners of civil society.
James Hughes, board chairman for MAMCO, said, "All we are asking for is equal treatment under the law. The government treats our company differently because of race and gender. We’re asking the Biden administration to dismantle this discriminatory program and embrace the right of equality for all."
The legal team explained the federal program is "an affirmative action program that gives preference to certain companies based on race and gender. Through this program, the federal government finances the American transportation system, including highway construction, with a series of race and gender quotas they call 'goals.'"
Practically those "goals" are "discriminatory barriers," preventing many construction companies, like WILL's plaintiffs, from competing for contracts on an equal footing with firms owned by women and certain racial minorities.
That, the case charges, violates the Constitution’s promise of equal treatment.
The program was continued just months ago when Joe Biden signed the Infrastructure Investment and Jobs Act, which demands that more than $37 billion in work be given to "small business concerns owned and controlled by socially and economically disadvantaged individuals."
MAMCO is a milling company headquartered in Jeffersonville, Indiana, and part of Hughes Group, Inc., which is a premier heavy highway and bridge preservation company. Founded over 80 years ago, four generations of the Hughes family have guided and expanded the company into a market that stretches over 30 states in any given year, WILL reported.
Bagshaw Trucking Inc. is a hauling company headquartered in Memphis, Indiana. Founded in 1982 with two dump trucks and two employees, Bagshaw now boasts one of the largest truck fleets in northern Kentucky and southern Indiana. Bagshaw works on all types of projects, including major interstate construction and restoration, airport projects, bridge repairs, industrial parks, and subdivision developments, it said.
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