United States Federal Circuit

The National Defense Authorization Act of 1987, 10 USC 2323, which permits the United States Department of Defense to preferentially select bids submitted by small businesses owned by socially and economically disadvantaged individuals, is subject to strict scrutiny.

Appellate Information

• Decided 08/20/2001
• Published 08/20/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David F. Barton,The Gardner Law Firm, of San Antonio, TX, argued for plaintiff-appellant.   With him on the brief were R. Wes Johnson, and Kevin M. Warburton., John G. Roberts, Jr., Hogan & Hartson L.L.P., of Washington, DC, for amicus curiae The Associated General Contractors of America, Inc. With him on the brief were David G. Leitch, and H. Christopher Bartolomucci.   Of counsel on the brief was Michael E. Kennedy, General Counsel, The Associated Contractors of America, Inc., of Alexandria, VA., John H. Findley, Pacific Legal Foundation, of Sacramento, CA, for amicus curiae Pacific Legal Foundation., Philip Allen Lacovara, Mayer, Brown & Platt, of New York, NY, for amici curiae Asian American Legal Defense and Education Fund, Et. Al. With him on the brief were Norman R. Williams, II, and Andrew H. Schapiro.   Of counsel was Carolyn B. Greenwald.


• For Appellees:
  
• Gregory B. Friel, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees.   With him on the brief was Mark L. Gross, Attorney.