A federal judge in Kentucky has partially blocked a U.S. Transportation Department program that metes out contracts to minority-owned businesses and suggested he may eventually rule against it, marking the latest blow to a government affirmative action program.
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In a 28-page opinion issued Monday, U.S. District Judge Gregory F. Van Tatenhove wrote that, for now, the scope of the injunction is limited to the two plaintiffs — both transportation contractors — and at least two states, Kentucky and Indiana, where the contractors operate. But in reaching that decision, Van Tatenhove wrote that government failed to justify the program and that the plaintiffs would “likely win on the merits of their constitutional claims,” which would have implications nationwide.
“The Court is keenly aware of the past discrimination that certain groups of people have faced in this country. And the Court is sure that the federal government has nothing but good intentions in trying to remedy past wrongs,” wrote Van Tatenhove, a George W. Bush appointee. “But remedying those wrongs must still pass constitutional muster. The federal government cannot classify people in such a manner that violates the principles of equal protection.”
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