Court of Appeals Upholds Illinois Department of Transportation's DBE Program

11 April 2007
By Dr. Jon Wainwright et al.

In a unanimous opinion, in February 2007 the Seventh Circuit Court of Appeals affirmed the trial court's ruling that the Illinois Department of Transportation's (IDOT) Disadvantaged Business Enterprise (DBE) program is constitutional. This opinion continues the unbroken line of cases finding that the legislation authorizing the DBE program and the implementing regulations meet strict constitutional scrutiny. IDOT had commissioned a team led by NERA Senior Vice President Dr. Jon Wainwright to conduct a study to meet the constitutional and regulatory requirements of the DBE program, and Dr. Wainwright also testified at trial. This paper describes the facts of the case, NERA's role, the appellate decision, and the implications of the outcome.

Learn more about NERA's role in Northern Contracting, Inc. v. Illinois Department of Transportation.