Doing Business with Government: Are Prospective Suppliers Entitled to Procedural Due Process?

C. Peter Erlinder, William Mitchell College of Law


This comment outlines the constitutional rights of prospective government contractors and the development of the concept of "property" as it has evolved in procedural due process cases decided by the Supreme Court of the United States before 1979. It will then apply those concepts to the facts in Polyvend, Inc. v. Puckorius and will contrast the doctrines elaborated by the United States Supreme Court with the reasoning of the court in Polyvend. That comparison will lead to the conclusion that the Polyvend decision is not consistent with either the procedural due process opinions of the United States Supreme Court or with the decisions of the Supreme Court of Illinois. It will also be shown that the Polyvend opinion provides the basis for an expansion of due process challenges to valid legislative enactments.