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WILL has threatened legal action against several states, including Illinois, who are refusing to comply with the Trump Administration's final rule to suspend all race- and gender quotas in the federally funded “Disadvantaged Business Enterprise” (DBE) program. The program awards funding for federal highway construction projects.
On October 3, 2025, USDOT published the final rule eliminating race and sex discrimination in the DBE program. In short, no state, city, county, or prime contractor may award or enforce any federally funded contract with race- or sex-based quotas.
Since then, Illinois Governor JB Pritzker's Department of Transportation (ILDOT) notified highway contractors that it will keep race- and sex-based quotas (“DBE goals”) on upcoming projects in defiance of the Trump Administration directives.
Since 2023, WILL has been at the forefront of ending the discriminatory DBE program, representing road and construction contractors in cases like the landmark MAMCO v. USDOT, where the program was ruled unconstitutional, and successfully challenging the City of Chicago's race-based casino project.
WILL Deputy Counsel, Dan Lennington, stated, “The governor’s behavior is illegal and irresponsible. Time and time again, federal courts and the Trump administration have indicated that using taxpayer dollars on race-based programs like the DBE are unconstitutional and unlawful. States that defy federal rules will face serious consequences. We are prepared to take appropriate action should Pritzker fail to comply with the Constitution and new federal guidance from the Trump Administration.”
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