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Adarand Construction v. Pena
Transcript of Adarand Construction v. Pena
On what basis will the court assess the constitutionality of providing financial incentives to encourage the award of subcontracting jobs to minority owned businesses?
Justice Stevens Dissenting
Pro Affirmative Action
Metro Broadcasting Inc. v FCC
Intermediate and Strict Scrutiny
US Department of Transportation
Metro Broadcasting Inc. vs FCC
City of Richmond v Croson Co.
"socially, economically disadvantaged individuals"
Highway construction project
Labeled by Small Business Administration
- Compensation programs, which are truly based on disadvantage, rather than race, would be evaluated under lower equal protection standards.
- All racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review--"must serve a compelling government interest, and must be narrowly tailored to further that interest."
- All race-based classifications must be judged under the strict scrutiny standard.
City of Richmond v Croson
Consistent Strict Scrutiny
Difference between laws that burden and benefit miniorities
With my academic achievement in high school I was accepted rather readily at Princeton and equally as fast at Yale, but my test scores were not comparable to that of my classmates. And that's been shown by statistics, there are reasons for that - there are cultural biases built into testing, and that was one of the motivations for the concept of affirmative action to try to balance out those effects. ~ Sonia Sotomayor
Firms still fail to meet precedent
1. "The Leadership Conference on Civil and Human Rights." The Leadership Conference on Civil and Human Rights. N.p., 2013. Web. 28 Sept. 2013. <http://www.civilrights.org/monitor/vol8_no2/art1.html>.
2. "US Commission on Federal Rights." Federal Procurement After ADARAND. N.p., Sept. 2005. Web. 27 Sept. 2013. <http://www.usccr.gov/pubs/080505_fedprocadarand.pdf>.
3. "Adarand Constructors, Inc. v. Pena | Casebriefs." Casebriefs. Casebriefs LLC © 2013, 2013. Web. 28 Sept. 2013. <http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/equal-protection/adarand-constructors-inc-v-pena/>.
4. "Levels of Scrutiny Under the Equal Protection Clause." Levels of Scrutiny Under the Equal Protection Clause. N.p., n.d. Web. 28 Sept. 2013. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm>.
5. Wikipedia. "Metro Broadcasting, Inc. v. FCC." Wikipedia. Wikimedia Foundation, 22 Sept. 2013. Web. 28 Sept. 2013. <http://en.wikipedia.org/wiki/Metro_Broadcasting,_Inc._v._FCC>.
6. He Oyez Project at IIT Chicago-Kent College of Law. "RICHMOND v. J.A. CROSON CO." Richmond v. J.A. Croson Co. He Oyez Project at IIT Chicago-Kent College of Law, 12 Sept. 2013. Web. 28 Sept. 2013. <http://www.oyez.org/cases/1980-1989/1988/1988_87_998>
Quote by Sonia Sotomayor