The Corner

Stimulating Discrimination

Sharon Browne of Pacific Legal Foundation and I write about the state of play with respect to racial preferences in government contracting here. Note that, as the stimulus money starts to flow, more and more recipients are going to find themselves above the threshold level at which these set-aside requirements kick in. The case law is pretty good in this area, and the judiciary is as good as it’s going to get and it’s going to start getting worse in a hurry. The time to sue — to challenge this discrimination — is now.

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