The News: WILL, a conservative law firm with a proven track record of winning discrimination-in-contracting cases, is threatening legal action against Illinois Governor JB Pritzker’s Department of Transportation (ILDOT). ILDOT is refusing to comply with a recent Trump Administration directive to suspend all race and gender quotas in the federally funded “Disadvantaged Business Enterprise” (DBE) program. In defiance of a recent rule change by the U.S. Department of Transportation on October 3, 2025, ILDOT recently notified highway contractors that it will keep race- and sex-based quotas (called “DBE goals”) on upcoming projects in defiance of Trump Administration directives.
WILL believes that Governor Pritzker and his ILDOT Secretary are jeopardizing billions of dollars in federal highway construction funding by continuing to enforce what the firm describes as racially discriminatory policies — policies that have been declared unconstitutional and are not supported by the Trump Administration. The Trump Administration has already punished the City of Chicago for imposing similar race-based quotas, suspending $2.1 billion in transportation funding just two weeks ago.
The Quotes: WILL Deputy Counsel, Dan Lennington, stated, “The governor’s behavior is illegal and irresponsible. Time and time again, federal courts and the Trump administration have indicated that using taxpayer dollars on race-based programs like the DBE are unconstitutional and unlawful. States that defy federal rules will face serious consequences. We are prepared to take appropriate action should Pritzker fail to comply with the Constitution and new federal guidance from the Trump Administration.”
Additional Background: On October 3, 2025, USDOT published an Interim Final Rule (IFR) eliminating race and sex discrimination in the Disadvantaged Business Enterprise (DBE) program. The IFR requires each state DOT to “reevaluate any currently certified DBE or ACDBE” and to “decertify any DBE or ACDBE that does not meet the new certification standards.”
USDOT’s official position is that it may not approve any “federal, state, or local DOT-funded projects with DBE contract goals where any DBE in that jurisdiction was determined to be eligible based on a race- or sex-based presumption.”
On October 13, 2025, IDOT posted a “Letting Summary Report” setting a letting date of November 7, 2025, for dozens of upcoming contracts. Most of these federally funded projects contain DBE goals in violation of the IFR.
WILL’s Record of Winning Discrimination Cases: WILL represents a nationwide coalition of road and construction contractors and has been at the forefront of ending the discriminatory practices of the DBE program since 2023. WILL also represents roadbuilders in the landmark case of MAMCO v. USDOT, in which a federal judge ruled that the DBE program is unconstitutional. That case is still pending, and the parties are awaiting the judge’s final order.
WILL has also successfully sued the City of Chicago over its race-based casino project, which is now open to all investors because of WILL’s litigation.
Read More:
Letter, October 2025
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