Mid-America Milling Co. v. U.S. Department of Transportation

Public Rights Project filed an amicus brief supporting local governments in a court case that could limit how federal funds are used to promote equity and fairness in awarding government contracts. The case challenges the future of the Disadvantaged Business Enterprise (DBE) program run by the U.S. Department of Transportation (DOT). The brief was submitted on behalf of 20 local governments, agencies, and public officials.

The lawsuit questions whether the DBE program is constitutional. DBE helps ensure fair access to federally funded contracts for women- and minority-owned businesses. It has long supported small businesses, built trust, and expanded opportunities for communities historically excluded from government contracting. It also allows local governments to address racial and gender disparities in public projects.

Although the Department of Transportation (DOT) originally supported the DBE program, it is now siding with the plaintiffs and asking the court to approve a legal agreement that would cut off DOT funding for projects that use DBE contract goals designed to help address discrimination against women and minority small business owners.

Our brief urges the court not to approve this agreement without more information. Blocking funding in this way would harm many local governments that rely on it for critical infrastructure and community development.

Read the amicus brief.

Update:

On March 19, 2026, the court denied as moot the joint request by DOT and the plaintiffs to approve an agreement that would have cut off DOT funding for projects that use DBE contract goals. This is the outcome we advocated for in our amicus brief.

Because the court declined to rule on whether aspects of the DBE program are unconstitutional, DOT has the opportunity to pursue the program’s goals in the future. 

Read the decision.