Today on GovCon Intelligence, I’m joined by Jayna Rust, a partner at Thompson Coburn and an adjunct professor at The George Washington University Law School. We break down the long-term impact of the 2023 Supreme Court affirmative action ruling on government contracting, including a look at whether there is a flood of DEI-driven discrimination claims. Because she also works on wills and trusts, we rounded out the conversation by covering what GovCon owners need to think about when preparing their estate plans.
Links
Jayna Rust bio at Thompson Coburn
Students for Fair Admissions decision
The Democratic Brand Is Toxic in Too Many States by Matthew Yglesias (The New York Times)
Should Moving to the Middle Win Candidates Votes? It Depends Where Voters Are by David Broockman and Joshua Kalla
VSBC Appeal of American Defense Builders Trust, SBA No. VSBC-395-A (2024)
VSBC Appeal of Vialytix, LLC, SBA No. VSBC-462-A (2026)
An auto-generated summary follows. In the coming days, this will be replaced at www.govconintelligence.com with a full transcript.
On GovCon Intelligence, host Sam interviews Jayna Rust, a Thompson Coburn partner and GW Law adjunct, about how the Supreme Court’s 2023 Students for Fair Admissions decision has reverberated through government contracting, grants, and employment practices. Rust describes tracking the case because earlier affirmative-action precedents drew heavily on government contracting law, and she notes how the Ultima Services decision quickly applied the ruling to SBA’s 8(a) program by rejecting a race-based presumption.
She says contractors and grant recipients began reassessing preferential programs for litigation risk, and that a later executive order revoking Executive Order 11246 accelerated reviews and scrutiny, including reported agency questions and Justice Department investigations. The conversation turns to rapid, broad reviews of small-business set-asides, the future of 8(a), the need for clearer public messaging, and how SBA trust-ownership rules complicate veteran-owned certifications. Rust also contrasts claims work with bid protests as more fact-intensive and document-driven.
00:00 Welcome and Guest Intro
00:29 Supreme Court Case Recap
04:02 Early Ripple Effects
05:59 Anti DEI Enforcement
07:58 Grants and Contracts Impact
10:45 8(a) Program Fallout
13:10 Set Asides Under Fire
14:24 Future of 8(a)
15:32 Messaging and Public Support
17:31 White Men Presumption Question
19:07 College Admissions Outcomes
21:26 Switch to Estate Planning
24:13 Contractor Succession Pitfalls
26:03 Trust Ownership Rules
27:51 Teaching Claims at GW
30:28 How to Connect and Wrap Up
With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com.
This video is for informational purposes only and does not constitute legal advice.
