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US judge blocks Houston's minority contracting program

Created at 28 Jul · 9:23 PM1 source↑ Market-relevant
IN SHORT

A federal judge has blocked the city of Houston, Texas, from enforcing race-conscious policies in its minority contracting program, ruling they are unconstitutional.

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Who's Involved

David Hittner
U.S. District Judge who blocked Houston's minority contracting program
City of Houston
Subject of the lawsuit over its minority contracting program
Landscape Consultants of Texas
Plaintiff challenging Houston's contracting policies
Metropolitan Landscape Management
Plaintiff challenging Houston's contracting policies
Jerry and Theresa Thompson
Owners of the plaintiff companies
Pacific Legal Foundation
Legal group representing the plaintiffs
US judge blocks Houston's minority contracting program

↳ Why This Matters

The ruling could have broad implications for how cities and municipalities across the U.S. structure their affirmative action and minority contracting programs, potentially requiring them to demonstrate specific past discrimination to justify race-conscious policies.

Key facts

  • A federal judge has blocked the city of Houston's minority contracting program.
  • The judge found the program's race-conscious policies to be unconstitutional.
  • This ruling is the first to apply the Supreme Court's 2023 affirmative action decision to municipal public contracting.
  • The city could not provide evidence of specific past discrimination to justify the race-based policies.
  • A federal judge has blocked the city of Houston, Texas, from enforcing race-conscious policies governing a program that sets aside certain public contracts for minority-owned businesses, ruling them unconstitutional.

    U.S. District Judge David Hittner stated that his decision was the first to apply the Supreme Court's 2023 ruling against affirmative action in higher education to municipal public contracting programs. He found that Houston's policies, which set annual numerical goals for awarding contracts to minority-owned businesses, could no longer operate as structured.

    The judge, appointed by President Ronald Reagan, determined that under the Supreme Court's precedent, the city's policies could only be sustained if evidence was presented to show they were necessary to remedy specific, past discrimination in contracting practices. The city failed to provide such evidence.

    The ruling came in a lawsuit filed by two landscaping companies owned by a white married couple, Jerry and Theresa Thompson, who are represented by the Pacific Legal Foundation. They argued that the city's policies violated their equal protection rights under the U.S. Constitution's 14th Amendment by excluding them from contracts based on their race.

    Judge Hittner agreed, stating that the Supreme Court's decision made it clear that the government may only treat people differently based on race to remedy specific instances of past unlawful discrimination, which Houston had not demonstrated. The judge noted that the Supreme Court had recently extended this framework to evaluate racial gerrymandering in a Voting Rights Act case.

    Frequently asked questions

    The judge blocked the city of Houston from enforcing its race-conscious policies for minority contracting programs, deeming them unconstitutional.

    The judge applied the U.S. Supreme Court's 2023 landmark ruling against affirmative action in higher education to municipal public contracting.

    The judge found that the city failed to provide evidence of specific past discrimination that would justify using race in its contracting practices.

    The lawsuit was filed by two landscaping companies, Landscape Consultants of Texas and Metropolitan Landscape Management, owned by Jerry and Theresa Thompson, and represented by the Pacific Legal Foundation.

    What Happens Next

    01The city of Houston may appeal the ruling.
    02Other municipalities may re-evaluate their own contracting programs.

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    Cadence

    How It Developed

    A federal judge blocked Houston's minority contracting program.
    The judge ruled the program's race-conscious policies were unconstitutional.
    The ruling applied the Supreme Court's affirmative action decision to municipal contracting.
    The city failed to provide evidence of specific past discrimination to justify the policies.

    Sources

    T1
    US judge blocks Houston's minority contracting programReuters

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