Indiana Governor Mike Braun (R) signed an executive order Wednesday ending the state’s use of race- and sex-based preferences in awarding state contracts. The decision follows a legal review by Attorney General Todd Rokita (R), who concluded the programs were unconstitutional under the Equal Protection Clause of the 14th Amendment.
Immediate Action & Core Facts
Braun directed Rokita to assess the Minority and Women’s Business Enterprises (MWBE) procurement program’s constitutionality after the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard. Rokita’s opinion cited Justice Clarence Thomas’s argument that the Constitution is “colorblind,” prohibiting government racial classifications. The order replaces the MWBE program and Indiana’s Diversity Business Enterprises Program with a merit-based system.
Deeper Dive & Context
Legal and Policy Background
The MWBE program, enacted in 1983, aimed to promote diversity in state contracts. Department of Administration Commissioner Brandon Clifton requested the review in August 2023, citing the Supreme Court’s college admissions ruling and a U.S. attorney general memorandum warning against unlawful discrimination. Rokita’s opinion argued the programs violated the Equal Protection Clause, aligning with the Supreme Court’s recent rulings on affirmative action.
Political and Public Reactions
Braun stated the order ensures a “level playing field” where “every Hoosier has the chance to get ahead with hard work.” Supporters of the change argue it eliminates government-imposed racial and gender classifications, while critics contend it undermines efforts to address historical disparities in contracting opportunities.
Long-Term Implications
The shift to a merit-based system may impact minority- and women-owned businesses that previously benefited from the MWBE program. Legal challenges or further legislative action could arise as stakeholders assess the order’s effects on diversity in state contracting.