The Corner

Law & the Courts

Why Is Kasich Bragging about His Racial Discrimination?

Last week, there were a number of news stories in which Ohio governor (and presidential hopeful) John Kasich crowed that the state’s minority contracting goal (read “quota”) had at long last been achieved. 

Nothing to brag about, in my view, if you are committed to nondiscriminatory government contracting.  Some relevant excerpts from the official state government statement: 

‐“For the first time in history, the State of Ohio has reached the goals of its Minority Business Enterprise program by purchasing a record 19 percent of eligible goods and services through minority-owned businesses . . . Ohio’s MBE program, established in 1980, mandates that state agencies set aside 15 percent of their annual purchases for goods and services for certified minority-owned businesses.” 


‐“Out of the eligible expenditures for goods and services purchased during Fiscal Year 2015, a total of 17.21 percent were set aside for MBE-certified businesses. Another 2.20 percent of eligible goods and services were purchased from MBE-certified businesses through open-market contracts . . .” 

‐“On Dec. 17, 1980, House Bill 584 was signed into law, establishing the MBE program, which mandated that state agencies set aside 15 percent of their annual purchases for goods and services for certified minority-owned businesses.   As a member of the General Assembly in 1980, Governor Kasich voted to support House Bill 584 and after becoming Ohio’s governor made its achievement a priority of his administration.” 

Read that second bullet again, by the way: Of the contracts that were awarded to MBEs, only 11 percent (2.20 divided by 2.20 + 17.21) were fairly won. 




As I said, there’s not much in this program that Governor Kasich ought to be bragging about, at least if he thinks that the government should be trying to ensure that it awards its contracts to the lowest qualified bidders, regardless of skin color or what country their ancestors came from.

It’s good to make sure contracting programs are open to all, that bidding opportunities are widely publicized beforehand, and that no one gets discriminated against because of skin color or national origin.  But that means no preferences because of race or ethnicity either — whether it’s labeled a “set-aside,” a “quota,” or a “goal,” since they all end up amounting to the same thing.  Such discrimination is unfair and divisive; it breeds corruption and otherwise costs the taxpayers and businesses money to award a contract to someone other than the lowest bidder; and it’s almost always illegal — indeed, unconstitutional — to boot.

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