| 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. |