Supreme Court ponders racial set-aside case; both sides see a court ready to curb federal affirmative action programs
Article Abstract:
The US Supreme Court will rule in Adarand Constructors, Inc v. Pena on the challenge of a white subcontractor to federal affirmative action policies. The plaintiff argues the Subcontracting Compensation Clause constitutes a racial set-aside which must be reviewed with strict scrutiny, while the solicitor general holds that the clause is based on disadvantaged status rather than race. The solicitor general wants the court to reaffirm Fullilove, applying intermediate scrutiny to federal race-based remedial measures.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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5th Circuit takes shot at diversity; panel, reading high court's tea leaves, says affirmative action's best days are past
Article Abstract:
A federal appellate panel on Mar 18 struck down The U of TX School of Law's use of racial preferences in admissions, surprising few observers in a climate of stringent review of affirmative action programs. The panel of the 5th US Circuit Court of Appeals explicitly rejected the US Supreme Court's landmark 1978 ruling in Regents of U of CA v Bakke, hewing instead to the high court's recent decisions. Diversity is now the main rationale for such programs at schools, but few courts consider that adequate justification.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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