Legal Opinion

Rothe Development Corporation v. United States Department of Defense and United States Department of the Air Force

Court of Appeals for the Federal Circuit

Decided August 20, 2001No. 00-1171PublishedCited by 65 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

This federal contract case concerns the constitutionality of § 1207 of the National Defense Authorization Act of 1987 (“the 1207 program”), Pub.L. No. 99-661, 100 Stat. 3859, 3973 (1986) (as amended), codified at 10 U.S.C. § 2323 (1994), which permits the United States Department of Defense (“DOD”) to preferentially select bids submitted by small businesses owned by socially and economically disadvantaged individuals (“SDBs”). The 1207 program operates by increasing the bid of a non-minority-owned firm by up to ten percent via a mechanism called a “price-evaluation”…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  5. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995

24 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Richard Leider v. United States, United States Treasury Department, and Paul H. O'neill, Secretary of the TreasuryCourt of Appeals for the Federal Circuit · 2002
  2. Gulf Group Inc. v. United StatesUnited States Court of Federal Claims · 2004
  3. Rothe Development Corp. v. Department of DefenseCourt of Appeals for the Federal Circuit · 2005
  4. Center for Legal Advocacy v. HammonsCourt of Appeals for the Tenth Circuit · 2003
  5. William Shea v. John KerryCourt of Appeals for the D.C. Circuit · 2015

60 more not listed; retrieve them via the Exa API.

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