Proxy Discrimination in Public Contracting
This Article considers the legality of racial preferences in government contracting in light of the Supreme Court’s decision in Students for Fair Admissions v. Harvard. Newfound heightened scrutiny of contracting programs may cause governments to turn to proxy discrimination to avoid such scrutiny, but such proxy discrimination would be unlawful under well-established Supreme Court precedent. Indeed, proxy discrimination would be just as unlawful in contracting as it is in other areas. A better path forward to support entrepreneurs of all racial and ethnic backgrounds would embrace genuinely race-neutral programs.
Cite as Alison Somin & Erin Wilcox, Proxy Discrimination in Public Contracting, 19 N.Y.U. J.L. & Liberty 183 (2025).