MAMCO, Bagshaw Trucking Inc. vs. U.S. DOT Et Al.

Case Name: MAMCO, Bagshaw Trucking Inc. vs. U.S. DOT et al.

Type of Case: Equality Under the Law

Court: U.S. District Court Eastern District of Kentucky 

Filed On: October 2023

Current Status: The Trump Administration stated in new court filings that they believe the DBE Program is unconstitutional. We are awaiting the Judge’s response. 

WILL Opens New Front in Anti-Discrimination Battle

October 2023 | WILL filed a federal lawsuit against the Biden Administration’s “disadvantaged business enterprise” (DBE) program, alleging illegal discrimination. The federal DBE program is the largest, and perhaps oldest, affirmative action program in U.S. history. It is administered by the U.S. Department of Transportation.

WILL FIGHTS AGAINST FEDERAL GOVERNMENT’S ILLEGAL DISCRIMINATION TOWARD SMALL BUSINESSES

February 2024 | WILL is fighting back and suing the so-called “Disadvantaged Business Enterprise program,” on behalf of our clients who deserve equal treatment under the law. Because the DBE program violates the Constitution’s promise of equal treatment, it must be permanently dismantled or opened to everyone. 

Federal Judge Rules Against $37 Billion Biden-Harris Affirmative Action Infrastructure Program

September 2024 | WILL secured a major legal victory against the Biden-Harris Administration, as a federal judge ruled against the DBE program. The DBE program discriminates against businesses based on race and gender, doling out contracts to small businesses owned by women and certain preferred minority groups. 

Race-Discrimination Ruling Expanded to Protect WILL Clients Nationwide

November 2024 | WILL secured another significant victory: a court order clarifying and significantly expanding the scope of a preliminary injunction halting the federal Disadvantaged Business Enterprise (DBE) program. The ruling now applies nationwide to any state in which WILL’s clients do business.  

Trump Administration Ends Massive, Multi-Billion Dollar Discriminatory Program

May 2025 | Trump Administration admitted today in court filings that the largest and oldest affirmative action program in U.S. history is unconstitutional. Officials from the U.S. Department of Transportation and Department of Justice have agreed to a permanent nationwide injunction. 

The Lawsuit: WILL filed a federal lawsuit against the Biden Administration’s “disadvantaged business enterprise” (DBE) program, alleging illegal discrimination against two clients—Mid-America Milling Company LLC (MAMCO) and Bagshaw Trucking Inc. The federal DBE program is the largest, and perhaps oldest, affirmative action program in U.S. history. It is administered by the U.S. Department of Transportation.

 

In June 2023, the United States Supreme Court ruled that affirmative action is almost always illegal. Through its Equality Under the Law Project, WILL seeks to extend the foundational right of equality to all corners of civil society.

 

About DBE: The federal DBE program is an affirmative action program that gives preference to certain companies based on race and gender. Through this program, the federal government finances the American transportation system, including highway construction, with a series of race and gender quotas they call “goals.”

 

In practice, the DBE’s “goals” amount to discriminatory barriers, preventing many construction companies, like WILL’s Plaintiffs, from competing for contracts on an equal footing with firms owned by women and certain racial minorities. Because the DBE program violates the Constitution’s promise of equal treatment, it must be permanently dismantled.

 

The DBE program was most recently reauthorized in November 2021 when President Biden signed the Infrastructure Investment and Jobs Act. Congress mandated that 10% of all new surface transportation funding—over $37 billion—“shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.”

CASE DOCUMENTS

 

Dan Lennington

Dan Lennington

Managing Vice President & Deputy Counsel

Cara Tolliver

Cara Tolliver

Associate Counsel

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