SENATE-BILL 2118: S.2118 - Value Over Cost Act of 2025

Overall Constitutional Implications

SENATE-BILL 2118 primarily affects procurement processes, which can have significant indirect consequences for individual rights, particularly for marginalized groups. The bill's focus on 'best value' criteria may inadvertently favor larger, established firms, potentially leading to systemic discrimination and economic inequality.

Key Individual Rights Affected

• Equal Protection under the law
• Due Process rights related to economic opportunities

Constitutional Provisions

• 14th Amendment - Equal Protection Clause
• 5th Amendment - Due Process Clause

Potential Constitutional Challenges

The bill could face legal challenges if it is found to disproportionately disadvantage minority-owned businesses or if it leads to discriminatory practices in the procurement process. Such challenges would likely invoke the Equal Protection Clause and could argue that the bill's implementation violates the rights of individuals based on race, gender, or economic status.

Summary

While SENATE-BILL 2118 aims to improve government procurement efficiency, its implications for individual rights raise significant constitutional concerns. The potential for discrimination against smaller or minority-owned businesses could violate the Equal Protection Clause, while the economic impact on these groups may infringe upon their due process rights. Therefore, careful consideration and implementation are necessary to ensure that the bill does not exacerbate existing inequalities.