Congressman Supports “Fix” To Affirmative Action Program A senior Democratic congressman says he will back legislation to save the government’s affirmative action program for small disadvantaged businesses. A federal appeals court declared the SDB procurement preference unconstitutional last month. The three-judge panel said Congress did not provide sufficient evidence of discrimination in government contracting to justify preferences for racial and ethnic minorities. A similar lawsuit challenging the constitutionality of 8(a) set-asides is pending in U.S. District Court. “I question the court’s finding that there is little evidence of discrimination in federal contracting,” Rep. Edolphus Towns, D-NY, told the Washington Post. “We in Congress hear every day from small and minority-owned businesses who have trouble accessing the federal market, and in fact have held hearings documenting those problems” Towns, who is in line to become chairman of the Oversight and Government Reform Committee next year, added, “Congress should hold hearings and pass whatever laws are necessary to ensure that the federal government can continue to encourage development of small and disadvantaged businesses.” The U.S. Court of Appeals for the Federal Circuit in Washington found that “Congress did not have a ‘strong basis in evidence’ upon which to conclude that (the Defense Department) was a passive participant in pervasive, nationwide racial discrimination.” But the opinion by Chief Judge Paul Michel left open the possibility that Congress might pass new legislation based on stronger evidence that would withstand a court challenge. The suit was brought by Rothe Development Corp., a white-owned company in San Antonio.