A New Era in Federal Preferential Contracting? Rothe Development Corporation v. United States Department of Defense and Department of the Air Force

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dc.contributor.authorLa Noue, George R.
dc.date.accessioned2021-01-06T19:02:20Z
dc.date.available2021-01-06T19:02:20Z
dc.date.issued2009-02-16
dc.description.abstractOn Election Day, while the country’s attention was otherwise engaged, the Federal Circuit Court of Appeals unanimously stuck down the racial preferences in Section 1207 of the National Defense Authorization Act (1987), the federal defense contracting program. Although racial preferences in federal contracting began in the 1977 Public Works Employment Act (PWEA) and have subsequently spread to dozens of other programs and agencies, the Rothe v. Department of Defense and Department of the Air Force decision marks the first time a facial challenge to a federal preferential contracting program has ever been successful. Rothe’s victory came after ten years of litigation that involved losing three trial court decisions and then winning reversals and remands in two Circuit Court opinions in 2001 and 2005. In its third encounter with the case, precedents had so tightened the evidentiary requirements for contracting preferences that the Federal Circuit fi nally found the 1207 program unconstitutional on its face.” Because of the unique status of the Federal Circuit Court of Appeals which can have national jurisdiction over federal contracting, the Rothe decision has far more significance than a decision by another Circuit which would be enforceable only in that Circuit. The Bush Department of Justice opted not to seek en banc reconsideration and Obama’s new team decided not to petition for certiorari, so the Rothe rules will have to be seriously considered as the Obama administration crafts its stimulus programs with expanded federal procurement.en_US
dc.description.urihttps://fedsoc.org/commentary/publications/a-new-era-in-federal-preferential-contractingen_US
dc.format.extent7 pagesen_US
dc.genrejournal articlesen_US
dc.identifierdoi:10.13016/m2qatz-m2jd
dc.identifier.citationGeorge R. La Noue, A New Era in Federal Preferential Contracting? Rothe Development Corporation v. U.S. Department of Defense and Department of the Air Force, Engage, https://fedsoc.org/commentary/publications/a-new-era-in-federal-preferential-contractingen_US
dc.identifier.urihttp://hdl.handle.net/11603/20317
dc.language.isoen_USen_US
dc.publisherThe Federalist Societyen_US
dc.relation.isAvailableAtThe University of Maryland, Baltimore County (UMBC)
dc.relation.ispartofUMBC Political Science
dc.relation.ispartofUMBC School of Public Policy
dc.relation.ispartofUMBC Faculty Collection
dc.rightsThis item is likely protected under Title 17 of the U.S. Copyright Law. Unless on a Creative Commons license, for uses protected by Copyright Law, contact the copyright holder or the author.
dc.subjectfederal preferential contractingen_US
dc.subjectcourtsen_US
dc.subjectjusticeen_US
dc.subjectminoritiesen_US
dc.titleA New Era in Federal Preferential Contracting? Rothe Development Corporation v. United States Department of Defense and Department of the Air Forceen_US
dc.typeTexten_US

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