Norman Y. Mineta, et al.
Respondents
Theodore B. Olson, Solicitor GeneralThis case arises out of the Federal Government’s attempts to distribute road construction dollars to contracting firms and their subcontracters who are owned and managed by minorities, most recently as set out in the Transportation Equity Act for the 21st Century (TEA-21). The most recent rules were shaped by the U.S. Supreme Court’s 1995 decision in Adarand Constructors, Inc. v. Pena, which held that government affirmative action programs must meet strict scrutiny by being narrowly targeted to compelling public interests. After further lower-court action, Adarand is again before the Supreme Court, which will determine whether the…
