"It is ultimately our considered
judgment that the SCC program and the DBE certification programs
as currently structured, though not as they were structured in
1997 when the district court last rendered judgment, pass
constitutional muster: They are narrowly tailored to serve a
compelling governmental interest." 1
Introduction
On September 25, 2000, the United
States Court of Appeals for the Tenth Circuit issued the above
judgment in Adarand Constructors, Inc v Rodney E. Slater,
Secretary of Transportation, No. 971304v2 - September 25,
2000.
To a follower of Supreme Court
decisions dealing with race- or ethnic-based classifications the
quote is meaningful. However, most people will view it as
legal gibberish. This article gives meaning to that quote.
In Adarand, we are dealing with a
grant program that includes a subcontracting and incentive
program. Adarand also affects contracting and
subcontracting programs of the federal Small Business
Administration. Although Adarand involves grants and
contracts, the Supreme Court decisions that directly support
Adarand involve student body diversity, collective bargaining,
grant and subcontracting programs, and radio and television
broadcast diversity.
The Adarand Chronicle begins with
a 1978 landmark affirmative action decision with a proposal by
Justices Brennan, Marshall, and Blackmun and moves to 1995 when
Chief Justice Rehnquist and Justices O'Connor, Kennedy, Scalia,
and Thomas add their imprint. Today, we await a further
act in this play.
How To Read This Article
This is a complex article dealing
with a complex issue. To understand the
Main Article, it is highly recommended that your first
read Amendments 5 and 14.
Since the cases involve the process the Supreme Court uses to
review equal protection cases, it is recommended that you next
read the Standards of
Scrutiny. With the amendments and standards of
scrutiny out of the way, you are ready for the
Main Article.
The Main Article is supported by
background information and outlines of all seven Adarand
decisions in Adarand Decisions.
The Supreme Court cases that support the Adarand decisions are
outlined in The Supporting Cases.
