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Any preference program in public contracting based on underutilization and not discrimination - a program that benefits the wealthy and is supported by unpersuasive statistics - would appear to be of questionable constitutionality. A program like the WOSB, which is a set-aside, is especially vulnerable.

There are three ways to attack this program: One is to persuade the Obama administration to undo what it has done. The second is to get Congress to intervene. The third is to challenge the program in court.

John Sullivan is associate director of the Project for Civil Rights in Public Contracting.