Congressional Digest

Supreme Court Debates December 2001 No. 9 Vol. 4
Adarand Constructors, Inc.,

Minority Hiring Preferences

The Constitutionality of Federal Affirmative Action

Adarand Constructors, Inc.,

Petitioner

William Perry Pendley, Counsel of RecordAdarand Constructors, Inc., is a Colorado-based highway construction company. It first sued the U.S. Government in 1990, alleging that the Department of Transportation’s (DOT) race-based contracting practices were costing the company business and violated the Equal Protection requirements of the U.S. Constitution. In 1995, after lower courts upheld the DOT’s practices, the Supreme Court ruled that all government affirmative action programs should be subjected to strict scrutiny and instructed the lower court to rehear the Adarand case based on this decision. In 1997, the district court granted summary judgment to Adarand. In September 2000, the…

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