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Political science Adarand Constructors, Inc. v. Pena


political science Adarand Constructors, Inc. v. Pena

the statutes will meet a different fate from what Fullilove would have decreed. Is race an explicit requirement of eligibility for the program? These fairly straightforward facts implicate a complex scheme of federal statutes and regulations, to which some thoughts at the middle of High School we now turn. 19.8 (1994 one of which is automatic eligibility for subcontractor compensation provisions of the kind at issue in this case,.S.C. It does mean that if the contractor is wealthy and has entered the mainstream of contractors in the community, a high bid might not be traceable to the discrimination that a racial or ethnic classification is seeking to redress. 1994) (upholding race-based hiring goal in county fire department under Croson ) with Long. (21) Her opinion did not say, however, that only overwhelming evidence of the sort at issue in Paradise can justify affirmative action. Justice Stevens concurred in part and concurred in the judgment, but consistent with his long-standing views, declined to "engage in a debate over the proper standard of review to apply in affirmative-action litigation." 488.S. By adopting intermediate scrutiny as the standard of review for congressionally mandated "benign" racial classifications, Metro Broadcasting departed from prior cases in two significant respects.

Pena US Law LII / Legal Information



political science Adarand Constructors, Inc. v. Pena

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Scope of Program/Administrative Waivers Justice O'Connor's opinion for the Court in Croson criticized the scope of Richmond's thirty percent minority subcontracting requirement, calling it a "rigid numerical"" that did not permit consideration, through some form of administrative waiver mechanism, of whether particular individuals benefiting. Because Congress need not redocument the fact and history of discrimination each time it contemplates adopting a new remedial measure, the findings that supported the Fullilove legislation were not restricted to the actual findings that Congress made when it enacted that measure. Since the adoption of the program, have additional findings of discrimination been assembled by Congress or the agency that could serve to justify the need for the program when it was adopted? It is worth pointing out the difference between the applications of stare decisis in this case and in Planned Parenthood of Southeastern. 1993) (under constitutional standards for affirmative action, diversity in higher education is a compelling governmental interest) (citing Bakke and Croson ). Similarly, "amorphous" claims of discrimination in certain sectors and industries are inadequate. Or is race just one of several factors - a "plus" - used in decisionmaking? (42) The Court's rejection in Adarand of Justice Scalia's position that compensation is due only to individuals who have been discriminated against personally provides further confirmation that Croson did not impose any such requirement. Authority Is the use of racial or ethnic criteria as a basis for decisionmaking mandated by legislation?

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