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Court rules minority biz program did not harm non-minority contractor

Arizona Department of Transportation affirmative action program was not the reason a non-minority Tempe contractor could not get work with the state, a federal appeals court ruled Wednesday.
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Jul 5, 2012, 10:54 am
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Why do race, ethnicity, and sex need to be considered at all in deciding who gets awarded a contract?  It’s good to make sure contracting programs are open to all, that bidding opportunities are widely publicized beforehand, and that no one gets discriminated against because of skin color, national origin, or sex.  But that means no preferences because of skin color, etc. either—whether it’s labeled a “set-aside,” a “quota,” or a “goal,” since they all end up amounting to the same thing.  Such discrimination is unfair and divisive; it breeds corruption and otherwise costs the taxpayers and businesses money to award a contract to someone other than the lowest bidder; and it’s almost always illegal—indeed, unconstitutional—to boot (see 42 U.S.C. section 1981 and this model brief: http://www.pacificlegal.org/page.aspx?pid=1342 ).

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