SBA 8(a) and set-aside litigation (1978-present)
The U.S. Small Business Administration's 8(a) Business Development program, created in 1978, reserves federal contracts for firms owned by socially and economically disadvantaged individuals. After the Supreme Court's 2023 ruling curbing race-conscious programs, such set-asides face renewed constitutional challenge.
The program continues but eligibility rules face litigation.
Set-asides based on disadvantage now carry legal risk nationwide.
Denver's SBE carve-outs rest on similar disadvantage-based eligibility, making them potential targets if a challenge emerges.
