The Maryland Wire

The Maryland Wire

MBE: The Presumption Is Dead

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J. Barry O'Connell
Oct 14, 2026
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The Presumption Is Dead

The Presumption Is Dead

The call came late at night, which is when procurement lawyers do their best work — after the filings are done and nobody’s billing. On the line was the lawyer the Annapolis crew considers the best procurement mind in Maryland on these issues — a man who’s been dealing with the state’s MBE rules for decades. He’d been reading my Anduril piece, and he wanted to talk about something bigger than one shipyard: the slow-motion demolition of the legal foundation under Maryland’s minority contracting programs.

“Because of the Harvard decision,” he said, “you can’t do minority programs on the basis of race and sex anymore.”

He’s right. And the rubble is still falling.

PAYWALL — free ends here. Below: what the Supreme Court actually did, the federal rules that finished the job this September, and what Maryland has to do before Christmas.

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