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Adarand Construction v. Pena

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M Luu

on 30 September 2013

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Transcript of Adarand Construction v. Pena

Adarand Construction v. Pena (1995)
Introduction
Affirmative Action
Background
Issue
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
Precedence
Metro Broadcasting Inc. v FCC
Intermediate and Strict Scrutiny
US Department of Transportation
Mountain Gravel
Adarand Co.
Gonzales Co.
$
$
Flowchart
Metro Broadcasting Inc. vs FCC
City of Richmond v Croson Co.
Economic Incentives
"socially, economically disadvantaged individuals"
1989
Highway construction project
Adarand
Gonzales
Labeled by Small Business Administration
Lowest Bid
Ruling
- 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
Previous Cases
Principles Established
Skepticism
Consistent Strict Scrutiny
Congruence
Effect Today
Difference between laws that burden and benefit miniorities
Paradox
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
Race-neutral strategies
Bibliography

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
Full transcript