A coalition of 21 state attorneys general and the Arizona state legislature urged a Kentucky federal court to approve a proposal from the U.S. Department of Transportation that would end core provisions of its Disadvantaged Business Enterprise (DBE) program, reports the American Road and Transportation Builders Assn (ARTBA). In the amicus brief filed June 16, the Republican state officials expressed support for a recent “consent order” in which the department has agreed to stop enforcing race- and gender-based goals on federal-aid projects, pending court approval.


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The US Department of Transportation (US DOT) said in a court filing this week it has agreed to end consideration of race or gender in DOT’s Disadvantaged Business Enterprise Program (DBE) program when awarding billions of dollars in federal highway and transit projects. USDOT agreed with plaintiffs in the suit that the DBE “program’s use of race- and sex-based presumptions in awarding contracts is unconstitutional." USDOT previously defended the policy as seeking to remedy past discrimination but said it has since reevaluated its position in light of factors including a 2023 Supreme Court decision.


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