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. |