Cert Petition Filed in Case Challenging Constitutionality of SBA Section 8(a)

Here is the petition in Rothe v. Dept. of Defense:

Cert Petition

Questions presented:

1. Whether a statutory program that requires an agency to distribute benefits to “socially disadvantaged individuals,” and defines “socially disadvantaged” in terms of membership in certain racial minority groups, classifies on the basis of race and is thus subject to strict scrutiny.
2. Whether a statute that may not classify exclusively on the basis of race, but uses race as a factor in determining eligibility for benefits, is subject to strict scrutiny.

Lower court opinion here.

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