Although Congress has not passed legislation to fund the building of a border wall with Mexico, the political pressure to do so continues. Time is running out for certain states to introduce bills that are aimed at penalizing companies that help build the wall.
“The mere discussion of a ban sends a message to industry and to state agency personnel about the biases of the legislatures and local governing authorities,” says Partner Bob Tompkins. “Would a wall contractor get a fair shake in a state or local procurement, even if wall blacklisting legislation eventually did not pass? Then again, would such a contractor have fair recourse in a court in the same state if they wanted to challenge that apparent bias? Sadly, the answer to both may be ‘no.’ ”
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