September 10, 2023. A federal judge declared the portion of the federal contracting 8(a) program that equates race with social disadvantage, and which provides contracting advantages and opportunities to 8(a) businesses, as unconstitutional. That is, being Black, Hispanic, Asian or Native American no longer automatically qualifies 8(a) program applicants, or those already approved, as socially disadvantaged. The US Small Business Administration (SBA), which manages the 8(a) program, has instructed business owners to submit an essay demonstrating that race has affected their business success. Meanwhile the SBA is working to develop additional guidance. Watch SBA.gov for more information.