Virginia’s SWAM bill faces legal challenges over race and gender, experts say
The Small Business SWaM Procurement Enhancement Program Act “provides that executive branch agencies and covered organizations are required to increase small business SWaM utilization rates by three percent annually until the 42 percent goal is reached, or, if unable to do so, to implement achievable goals for increasing SWaM utilization rates,” according to its text. SWAM stands for Women-Owned and Minority-Owned Small Businesses.
Purchases between $10,000 and $200,000 would have to be set aside to give to SWAM companies as well, according to the text of the bill authored by Del. Geon Ward, D-Hampton.
Virginia Governor Abigail Spanberger delivers the Democratic response to the State of the Union address. (Mike Kropf/Getty Images)
As the bill approaches Democratic Gov. Abigail SpanbergerOffice, Legal Oversight Project Vice President Kyle Brosnan told Fox News Digital appears to be par for the course Richmond is on.
Brosnan said the bill constitutes “clearly intentional discrimination against white men.”
“Since regaining full control of state government, Virginia Democrats have shown their true color as nothing more than extreme ideologues,” Brosnan said.
“By setting race and gender quotas for 42 percent of the state’s discretionary spending on government contracts, Governor Spanberger and her far-left enablers in Richmond are showing their true color as radicals.”
Zach Smith, former federal prosecutor for the Northern District of Florida, added that when the government proposes to treat people differently based on race and gender, it is unconstitutional.
“I think we saw supreme court “Speak out about this through their decisions at Harvard and the University of North Carolina, which prohibit the use of race in admissions to higher education.”
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“And as a result of the Students for Fair Admissions decision, we’ve seen some of it Federal courtWe apply the same logic to other federal government programs that seek to prioritize minority-owned businesses, and we treat people differently based on their race, and so I certainly think the same logic would apply to this state legal action as well.
That Supreme Court case saw Chief Justice John Roberts author the majority opinion and Justice Clarence Thomas write a concurrence in a landmark decision ending affirmative action in college admissions.
“While I am painfully aware of the social and economic devastation that has befallen my race and all who suffer discrimination, I hold out our eternal hope that this country will live up to its principles (that) all men are created equal… and should be treated equally before the law,” Thomas said at the time.
Even before that, the Supreme Court had found quotas “impermissible,” Smith said If Spanberger signs the bill There will be angry business owners who will demand accountability.
“I think there will likely be litigation surrounding this because this will involve a federal constitutional issue as well as other legal claims that may arise,” he said in an interview on Wednesday.
“This could be brought to federal court,” he said, noting that arguments against it would be based on 14th Amendment grounds.
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A welcome sign is placed on the grass near the intersection of Lee Highway, Key Bridge, and George Washington Memorial Drive in Roslyn, Arlington County, Virginia. (Global Images Group/Getty Images)
Brosnan agreed, criticizing the oath required by the bill Virginia taxpayers To fund $1 million in systems, staffing and reporting upgrades to “institutionalize discrimination,” as he put it.
It also “sets aside” government contracts of up to $200,000 for women- and minority-owned companies, as long as their bids are no more than 5% of the lowest of “non-certified” — read “white male-owned” — companies.
“Did Virginians expect to receive this institutional vigilance when they voted for a ‘moderate’ governor?” he asked.
“conservative port”FederalThe bill said “racial fraud” and stated that a section of the bill forces the Small Business Administration and Supplier Diversity Administrator to conduct a “disparity study” every five years, which the outlet said translated into determining how to reduce the number of white males winning government contracts.
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Fox News Digital reached out to Spanberger to indicate whether she would sign the bill. Fox News Digital also reached out to Ward, who also serves as chair of the Capitol Square Labor and Commerce Committee.
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