Legal Opinion
Rothe Development Corp. v. Department of Defense
Court of Appeals for the Federal Circuit
Decided November 4, 2008No. 2008-1017PublishedCited by 18 opinions
1Opinion of the Court
MICHEL, Chief Judge.
This case concerns the constitutionality of 10 U.S.C. § 2323 (“Section 1207”), which, in relevant part, (1) sets a “goal” that five percent of federal defense contracting dollars for each fiscal year be awarded to certain entities including small business concerns owned and controlled by “socially and economically disadvantaged individuals”; (2) incorporates the Small Business Act’s presumption that Black Americans, Asian Americans, Hispanic Americans, and Native Americans are so-daily disadvantaged individuals; and (3) provides that the Department of Defense shall give…
2Cases cited26 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Regents of the University of California v. BakkeSupreme Court of the United States · 1978
- Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
- City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
- Fullilove v. KlutznickSupreme Court of the United States · 1980
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Elgin v. Department of the TreasurySupreme Court of the United States · 2012
- Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.Court of Appeals for the Federal Circuit · 2009
- Midwest Fence Corp. v. United States Department of TransportationCourt of Appeals for the Seventh Circuit · 2016
- HB Rowe Co., Inc. v. TippettCourt of Appeals for the Fourth Circuit · 2010
- Rothe Development, Inc. v. United States Department of DefenseCourt of Appeals for the D.C. Circuit · 2016
13 more not listed; retrieve them via the Exa API.