Adarand Constructors, Inc. v. Peña
| Adarand Constructors v. Peña | |
|---|---|
|
|
| Argued January 17, 1995 Decided June 12, 1995 |
|
| Full case name | Adarand Constructors, Incorporated, Petitioner v. Federico Peña, Secretary of Transportation, et al. |
| Citations | 515 U.S. 200 (more)
115 S. Ct. 2097; 132 L. Ed. 2d 158; 1995 U.S. LEXIS 4037; 63 U.S.L.W. 4523; 67 Fair Empl. Prac. Cas. (BNA) 1828; 66 Empl. Prac. Dec. (CCH) P43,556; 78 Rad. Reg. 2d (P & F) 357; 95 Cal. Daily Op. Service 4381; 95 Daily Journal DAR 7503; 40 Cont. Cas. Fed. (CCH) P76,756
|
| Prior history | On writ of certiorari to the United States Court of Appeals for the Tenth Circuit |
| Subsequent history | On remand, 965 F. Supp. 1556 (D. Colo. 1997); vacated, sub nom. Adarand Constructors, Inc. v. Slater, 169 F. 3d 1292 (10th Cir. 1999); rev'd, 528 U.S. 216 (2000); aff'd in part, 228 F. 3d 1147 (10th Cir. 2000); cert. granted, 532 U.S. 941 (2001); cert. dismissed, sub nom. Adarand Constructors, Inc. v. Mineta, 534 U.S. 103 (2001) |
| Holding | |
| All racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of "strict scrutiny," the highest level of Supreme Court review (such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests). | |
| Court membership | |
|
|
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, Scalia, Kennedy, Thomas |
| Concurrence | Scalia |
| Concurrence | Thomas |
| Dissent | Stevens, joined by Ginsburg |
| Dissent | Souter, joined by Ginsburg, Breyer |
| Dissent | Ginsburg, joined by Breyer |
| Laws applied | |
| U.S. Const. amends. V, XIV | |
|
This case overturned a previous ruling or rulings
|
|
| Metro Broadcasting, Inc. v. FCC (1990) | |
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995), was a landmark United States Supreme Court case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny," the most stringent level of review which requires that racial classifications be narrowly tailored to further compelling governmental interests. Justice Sandra Day O'Connor wrote the majority opinion of the Court, which effectively overturned Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990), in which the Court had created a two tiered system for analyzing racial classifications. Adarand held the federal government to the same standards as the state and local governments through a process of "reverse incorporation," in which the Fifth Amendment's Due Process Clause was held to bind the federal government to the same standards as state and local governments are bound under the 14th Amendment.
At the time this case was litigated, many contracts led by agencies of the United States federal government contained financial incentives for the prime contractor to employ subcontractors that were owned or controlled by "socially and economically disadvantaged individuals." The US Small Business Administration would certify certain businesses as disadvantaged. That usually meant that the business was owned by racial or ethnic minority groups or by women. In this particular case the contract stated that "the contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities...."
...
Wikipedia