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Home Q & A Board Humanities Legal Studies
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Nunizworld Nunizworld
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6 years ago
If the program referred to in Adarand Constructors, Inc v. Pena reserved a percentage of highway work for disadvantaged subcontractors and, instead of using race-based presumptions to identify who were disadvantaged subcontractors, used an economic standard to identify the disadvantaged subcontractors eligible for the program, would the Court's decision have been the same?
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#1
6 years ago
The Adarand Court determined that all racial classifications imposed by federal, state, or local governmental actors, must be reviewed under a strict scrutiny standard. Under an economic standard utilized to identify disadvantaged subcontractors, race would not be a factor and the strict scrutiny standard would not apply. Such a program may well survive scrutiny by the courts.
Nunizworld Author
wrote...
#2
6 years ago
Much better than Coursehero
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