Racial Preferences in Federal Government Contracting – Rothe Development Corporation v. Department of Defense - Podcast
Civil Rights Practice Group Podcast
Civil Rights Practice Group Podcast
On March 10, 2016, the D.C. Circuit Court of Appeals heard oral arguments in Rothe Development Corporation v. Department of Defense. Rothe alleges that Congress has failed to bring a statutory racial classification under section 8(a) of the Small Business Act into compliance with subsequent Supreme Court precedent as well as a 2008 decision in which the Federal Circuit Court of Appeals (in litigation also involving Rothe) unanimously struck down a Department of Defense affirmative action program as unconstitutional racial discrimination. The program struck down in Rothe required the DoD, the Coast Guard, the Air Force, and NASA to ensure that five percent of all contract dollars be awarded to individuals or businesses designated as disadvantaged individuals. Our expert argued the case before the D.C. Circuit last week.
Featuring:
Partner, The Gardner Law Firm
David F. Barton has extensive experience in environmental, government and government contract, and corporate law. He joined The Gardner Law Firm in 1996 after serving as a United States Air Force JAG officer as well as having six years of private practice with firms in Texas. Mr. Barton counsels clients in environmental matters, government contracts, regulatory compliance, commercial law, and litigation related to those areas. He represents industries, businesses and government units on matters involving water, air, solid and hazardous waste, toxins, wetlands, endangered species, historic preservation, NEPA, Superfund, and federal and state court litigation in those areas. He has taught courses in criminal law, litigation, administration of justice and environmental crimes at several universities throughout the United States, and he has been a guest speaker at environmental law and government contract seminars. Mr. Barton has been licensed to practice in Texas since 1991, and is also licensed in Arkansas. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Military Appeals, and several United States Circuit Courts of Appeals and United States District Courts. He is a member of the State Bar of Texas (Environmental & Natural Resources Section, among others); College of the State Bar of Texas, the Arkansas Bar Association, the Arkansas Bar Foundation (Fellow), the Association of Trial Lawyers of America, and the San Antonio Bar Association (Environmental Section). He is also an active participant in the San Antonio Manufacturers Association, the Alamo Area Chapter - Air & Waste Management Association, and Citizens Advisory Panel of the San Antonio Water System.
University of Arkansas, J.D., 1975; Central Methodist College; University of Missouri at Columbia, B.A., 1967