Adarand Vs. Pena
Presented By Cesar and Teri
1. Who/What are the parties involved in the case?
• Adarand Constructors was a small construction company located in Colorado Springs, Colorado that felt wronged when a rival company took a subcontract because they were labeled as “disadvantaged”.
• Federico Peña was the US Secretary of Transportation at the time of the case’s trial.
2. What question was the case trying to answer?
• Is the presumption of disadvantage based on race alone, and consequent allocation of favored treatment, a discriminatory practice that violates the equal protection clause of the 14th Amendment as well as the Due Process clause of the 5th Amendment?
3. How did the case reach the Supreme Court?
• After the case passed through the federal district court and circuit court, both of which ruled against Adarand, Adarand appealed to the Supreme Court where certiorari was granted and Adarand Constructors was represented by the Mountain States Legal Foundation.
4. What was the Supreme Court’s final verdict?
• All racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of "strict scrutiny," the highest level of Supreme Court review.
• Adarand Constructors was a small construction company located in Colorado Springs, Colorado that felt wronged when a rival company took a subcontract because they were labeled as “disadvantaged”.
• Federico Peña was the US Secretary of Transportation at the time of the case’s trial.
2. What question was the case trying to answer?
• Is the presumption of disadvantage based on race alone, and consequent allocation of favored treatment, a discriminatory practice that violates the equal protection clause of the 14th Amendment as well as the Due Process clause of the 5th Amendment?
3. How did the case reach the Supreme Court?
• After the case passed through the federal district court and circuit court, both of which ruled against Adarand, Adarand appealed to the Supreme Court where certiorari was granted and Adarand Constructors was represented by the Mountain States Legal Foundation.
4. What was the Supreme Court’s final verdict?
• All racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of "strict scrutiny," the highest level of Supreme Court review.
Consequences
Racial Classifications of the Federal Government must be analyzed under strict scrutiny.
Reversed Fullilove v. Klutznick which mandated that at least 10 percent of federal public work funds go to minority owned contractors and businesses to remedy past discrimination.
Adarand vs. Pena reversed many aspects of affirmative action acting under the 14th amendment arguing for equal protection.
The case allowed for the expansion of equal protection regardless of race or other similar circumstances.
Reversed Fullilove v. Klutznick which mandated that at least 10 percent of federal public work funds go to minority owned contractors and businesses to remedy past discrimination.
Adarand vs. Pena reversed many aspects of affirmative action acting under the 14th amendment arguing for equal protection.
The case allowed for the expansion of equal protection regardless of race or other similar circumstances.