By: Christopher Slottee
In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“ Mid-America ”), the plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable presumption when determining if an individual is socially disadvantaged for purposes of the DOT’s Disadvantaged Business Enterprise program (“DBE Program”). The plaintiff in Mid-America argued that the DOT’s use of a rebuttable presumption that businesses owned by women and certain races and ethnicities are socially disadvantaged is unconstitutional disparate treatment on the basis of race and sex.