Attorney General Dan Rayfield and a multistate coalition of 22 attorneys general filed an amicus brief in the U.S District Court for the Eastern District of Kentucky, urging the court not to approve an agreement that would threaten the Disadvantaged Business Enterprise (DBE) Program administered in accordance with U.S. Department of Transportation (DOT) regulations.

The DBE Program, which Congress created in 1983, tasks the states with overseeing the administration of major federally funded transportation and infrastructure projects, including ensuring that contracts are awarded in a fair and nondiscriminatory way. Two private businesses filed a lawsuit against the program in 2023. After President Trump entered office, the federal government switched sides in the litigation and joined with the plaintiffs in asking the Court to enter a consent order that could restrict or eliminate the DBE Program nationwide.

The brief argues that the requested order would exceed the proper role of the court in our adversarial system of government because the parties requesting the order take the same position on the issues.

Joining Attorney General Rayfield in submitting this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington and Wisconsin.