In a decision issued Friday, the DC Circuit Court of Appeals held the SBA’s Section 8(a) Program Constitutionally valid. Christine Williams wrote the brief for the Native American amici and strongly advocated a rational review standard be utilized when evaluating the contracting relationship with amici even if the Court were to employ another review standard for other participants in the Program. The Court held that rational review should be used for all who participate in the Program because the Small Business Act statute is race neutral; thereby invoking the lower rational standard of review instead of strict scrutiny.
The full decision may be found here