Opinion of the Court
Dismissed
This case was granted certiorari on March 26, 2001, and was dismissed on November 27 as improvidently granted. The following is excerpted from the unsigned per curium opinion:We granted certiorari to review for a second time whether the court of appeals was correct when it concluded that the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program is consistent with the constitutional guarantee of equal protection. But upon full briefing and oral argument, we find that the current posture of this case prevents review of that important question. To address it would require a threshold inquiry into issues decided by…
