Adarand Constructors Inc. v. Pena

1995

Venue: SCOTUS

Facts: Adarand (white guy, apparently) was low bidder on the guardrail portion of a highway construction contract, but was passed over because the contract offered extra compensation for hiring small business controlled by "socially and economically disadvantaged individuals."

Posture: Not known.

Issue: Does the federal statute setting up these contracts violate 5A equal protection?

Holding: Not necessarily; remanded.

Rule: Strict scrutiny for all racial classifications.

Reasoning: Without strict scrutiny, there's no wat of determining what classifications are benign or remedial. Federal racial classifiactions are no exception: compelling governmental interest, narrowly tailored.

You can survive strict scrutiny after all.


Dicta: There's a difference between a "no trespassing" sign and a welcome mat.