US DOT calls for end to race- and sex-conscious programs in Key bridge rebuild

by Bryan P. Sears, Maryland Matters
September 19, 2025

The U.S. secretary of Transportation is raising concerns about Maryland’s use of diversity, equity and inclusion (DEI) programs to select contractors for the Francis Scott Key Bridge replacement, saying such programs are potentially unconstitutional.

In a letter to state officials Thursday, Secretary Sean Duffy wrote that he has a “specific concern” over whether the state “intends to award contracts for the FSK Bridge project in a manner that relies on the race or sex of contractors.”

“Any reliance on race- or sex-conscious factors in contracting decisions could introduce significant legal vulnerabilities and inefficiencies in the management of the project,” Duffy wrote, adding that the administration believes “race- and sex-based ‘presumptions’ of disadvantage” in its own Disadvantaged Business Enterprise (DBE) program are “unconstitutional.”

“As outlined in my ‘Follow the Law‘ letter of April 25, 2025, addressed to all recipients of DOT funding, the Equal Protection principles of the U.S. Constitution prohibit State and Federal governmental entities from discriminating on the basis of protected characteristics, including race and sex,” Duffy wrote. “Discrimination based on race is, has been, and will continue to be unlawful, except in rare circumstances.”

Gov. Wes Moore (D), in a statement, did not directly address Duffy’s remarks about race- and sex-conscious factors but instead answered his concerns about the “overall cost and schedule for completion” of the bridge. Initial projections from the state said it expects the Key Bridge to reopen in 2028 at a cost of $1.8 billion.

Loss of Key Bridge leads to more potholes, truck traffic in neighborhoods

“We will continue to work with the Trump Administration to find ways to reduce costs and rebuild faster,” Moore said in his statement. “We anticipate the price estimation process to be finalized in the coming months and we will provide regular updates from the Maryland Department of Transportation about the project’s status.

“In the meantime, we will continue to pursue litigation and make substantial financial contributions by way of advance construction costs and insurance settlement dollars to keep the project moving,” he said.

Moore concluded by saying safety and “the sound stewardship of taxpayer dollars remain our top priority as we work to fully restore economic vitality — not only to the Port of Baltimore and the State of Maryland, but for the people across the country.”

Nine of Maryland’s 10 federal legislators noted that the federal commitment to covering the costs of the bridge replacement is set in law.

“The Key Bridge was bigger than Baltimore and Maryland – its collapse took away a vital transportation artery for the broader region and a gateway to the Port of Baltimore,” the lawmakers, all Democrats, wrote in a brief statement. “As we have with other major infrastructure disasters with nationwide implications, Congress came together on a bipartisan basis to provide the full resources necessary for reconstruction to ensure it can be rebuilt as quickly and efficiently as possible.

The lawmakers said they would work with federal transportation officials to “keep delivering on this national priority and commitment.”

Rep. Andy Harris (R-1st), the state’s sole Republican member of Congress and chair of the House Freedom Caucus, did not sign the letter.

In April, Duffy warned states that they could lose federal transportation funding for failing to cooperate with federal immigration enforcement efforts or if they continued to use DEI policies.

“It shouldn’t be controversial – enforce our immigration rules, end anti-American DEI policies, and protect free speech,” Duffy wrote in that April letter. “These values reflect the priorities of the American people, and I will take action to ensure compliance.”

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In June, a federal judge issued a temporary injunction against the federal policy. Maryland was part of a coalition of nearly two dozen states that sued to block the effort.

Maryland officials continue to press forward with a plan to remove the remains of the bridge that collapsed after a massive cargo ship struck a bridge support. The March 26, 2024, incident killed six people working on the bridge, stymied cargo vessels moving in and out of the Port of Baltimore and cut off a vital transportation artery carrying Interstate 695 over the Patapsco River.

Congress, under then President Joe Biden, approved a plan to cover 100% of the costs. Initial state estimates have placed those costs at around $1.8 billion.

“As you know, it is a high priority of the Trump Administration to build big beautiful new roads and bridges that enable people and products to move faster and more efficiently, thereby supporting economic growth and prosperity for America,” Duffy wrote in his Thursday letter to Maryland officials. “We want the replacement of the FSK Bridge to be a model of how to build quickly and cost effectively.”

Maryland Matters is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maryland Matters maintains editorial independence. Contact Editor Steve Crane for questions: editor@marylandmatters.org.