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Adarand Constructors, Inc. v. Mineta
(U.S. Supreme Court)
Court declines to review validity of race-conscious federal contracting procedures
The Supreme Court granted certiorari 3/26/01 to determine whether federal subcontracting procurement procedures using race-conscious presumptions violate the Equal Protection Clause. Following the Supreme Court’s decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995), which held that such procedures are to be reviewed under the demanding "strict scrutiny" standard, the Tenth Circuit held that the government’s revised procedures satisfy that standard, accepting the government’s evidentiary showing that the measures are necessary to remediate the effects of past discrimination in government contracting markets. The case is of importance to businesses bidding for federal subcontracting, but on 11/27/01, the Court dismissed the writ of cert. as improvidently granted. It will not decide the issue.Lower Court Opinion: 228 F.3d 1147 (10th Cir. 2000)
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