Adarand Constructors, Inc. v. Pena

115 S. Ct. 2097 (U.S. 1995) ; Clearinghouse Number: 50746

Description

Supreme Court Holds That Federal Race-Based Preferences Are Subject to Strict Scrutiny

Abstract

The Supreme Court has held that race-based classifications imposed by a governmental actor are subject to strict scrutiny. Petitioner construction company had submitted the low bid on a subcontract to the prime contractor on a federal highway construction project. However, the prime contractor awarded the subcontract to a company certified as a small, disadvantaged business by the Small Business Administration. Under most federal agency contracts, the prime contractor is given a financial incentive to hire subcontractors certified as small businesses controlled by socially and economically disadvantaged individuals. Petitioner claimed that the race-based preference in the federal contract violated the equal protection clause. The district court granted respondent Department of Transportation’s motion for summary judgment. Affirming, the Tenth Circuit analyzed the case in terms of intermediate scrutiny. Reversing and remanding, the Court held that federal racial classifications must serve a compelling governmental interest and must be narrowly tailored to further that interest. The Court found that, because the Fifth and Fourteenth Amendments protect persons and not groups, all governmental action based on race should be subjected to detailed judicial inquiry to ensure that the personal right to equal protection has not been infringed. In so ruling, the Court expressly overruled its opinion in Metro Broadcasting v. Federal Communications Commission, 497 U.S. 547 (1990), which held that “benign” federal racial classifications were subject to intermediate scrutiny.

Additional Information

Attorney Information
Docket Date
1995-06-12 00:00:00+00:00

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