[ZERO] BLUF: For decades, the federal government has awarded certain special contracts exclusively to so-called disadvantaged businesses and women-owned small businesses. Until 2023, SBA presumed that racial minorities were "disadvantaged." The resulting discrimination was absolute: according to an analysis conducted between 2020 and 2023, these programs made not a single award to white men.
Everyone within the system knows such fraud is rampant. A 2018 government audit reviewed 25 8(a) recipient firms which together received more than $100 million. Of these, 20 "should have been removed from the . . . program" due to ineligibility.
The Trump administration has taken important steps to address these problems. Late Friday, Secretary of War Pete Hegseth announced he was ordering a "line by line" investigation of 8(a) contracts. President Biden’s SBA sought to award 15 percent of all federal contracts to disadvantaged firms. Trump SBA administrator Kelly Loeffler has reduced the goal to the law’s actual standard of 5 percent. Her administration has also demanded financial records from 8(a) businesses to weed out fraud.
But the core problem with these programs is not fraud. It is that they systematically discriminate against one group: white men.
Instead of trying to reform 8(a), the Trump administration should abolish it. Under the Fourteenth Amendment’s Equal Protection Clause, the administration would be within its rights to stop all contracting based on race and sex, even if such contracting were justified under the fig leaf of a "disadvantage" essay. The White House could also support Senator Joni Ernst’s "Stop 8(a) Contracting Fraud Act," which would pause 8(a) contracting until a thorough audit is completed, or call on Congress to end the program altogether.
When the administration says, "no DEI," it should mean it. In federal contracting, that’s also what the Constitution requires.
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