The
Adarand Chronicle: From
Bakke to Adarand VII
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Adarand
Decisions
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Adarand V
United States Court of Appeals, Tenth Circuit
Adarand Constructors, Inc. v. Slater, 169 F.3d 1292 (10th Cir.
1999), March 4, 1999
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After the District Court's judgment in
June 1997, Adarand sued Colorado challenging its DBE guidelines in
administering federally assisted highway programs. Colorado
subsequently modified its regulations to eliminate the presumption
of social and economic disadvantage for racial and ethnic
minorities, and to condition the social disadvantage of its DBE
inquiry solely on the applicant's certification that he or she was
socially disadvantaged. When Adarand applied for DBE status, it was
certified as a DBE. Since
Adarand was now certified as a DBE, the Court concluded that the
certification made the challenge to the constitutionality of the DBE
program moot. Additionally, the Court vacated the District Court's
1977 judgment and sent it back to that Court for dismissal. |
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Copyright © 2001 by
Robert Antonio |
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