Gross Presumptions: Determining Group Eligibility for Federal Procurement Preferences

Abstract

While there has been substantial administrative reformulation of federally-sponsored Minority Business Enterprise (MBE) programs' after the Supreme Court's decision in Adarand Constructors, Inc. v. Pena, the key premise upon which all these programs rest remains unchanged. Despite frequently voiced judicial skepticism about the broad use of racial classifications, all federal MBE programs are based on the "presumption" that every member of certain racial and ethnic groups is "socially," and to some degree "economically," "disadvantaged." This article explores the historical origins, administrative applications, contemporary social science research, and constitutional law related to this presumption