Department of Justice Granted Another Extension in the Rothe Case

By: Christine V. Williams on 06/22/2017

The Department of Justice has moved for another extension in Rothe Development Inc., v. the Department of Defense and the SBA.  You may recall that case was/is a facial Constitutional challenge to the SBA’s 8(a) Program.  In short, Rothe lost at the DC Circuit Court of Appeals and asked the US Supreme Court to hear this case.  DOJ will generally oppose this request (writ of certiorari) and now has until approximately July 17, 2017, to do so.  The Supreme Court generally avoids procurement cases, but Rothe claims there is a circuit split, which the Court may find more compelling.  Stay tuned.