Program Overview

A federal affirmative action program, the Disadvantaged Business Enterprise (DBE), ended after a legal challenge by the Wisconsin Institute for Law & Liberty (WILL), per [WILL](https://will-law.org). The program, started in 1980, reserved 10% of transportation contracts for minority- and women-owned firms. The Trump administration recently conceded its unconstitutionality.

Legal Challenge Details

WILL’s 2023 lawsuit, filed for Mid-America Milling Co. and Bagshaw Trucking, argued the DBE discriminated against non-preferred groups. A 2024 federal court injunction halted the program, and the administration’s admission signals its permanent end. The DBE directed over $37 billion in contracts under the 2021 infrastructure bill.

Stakeholder Perspectives

WILL’s Dan Lennington called it a step toward merit-based contracting. Kramer Koetter of MAMCO echoed this, seeking a level playing field. Critics argue the program supported equity for underrepresented businesses, and its end may limit opportunities. The debate reflects broader discussions on fairness in federal policy.

What’s Next

The ruling, tied to the Supreme Court’s 2023 affirmative action decision, may spur more challenges to race-based programs. Policymakers and businesses will need to balance equity with constitutional standards. Public discourse will shape how future contracting policies ensure fairness across diverse groups.