Adarand v. Pena
Summary of Case:
Federal and State laws allow race-based remedial action at the federal, state and local government levels. The laws are designed to benefit "socially and economically disadvantaged individuals." At the same time, the Fifth and Fourteenth Amendments of the U.S. constitution provide equal protection of the laws for all citizens. In this case, a prime highway contract was awarded in 1989 to Mountain Gravel by the Central Federal Lands Highway Division, who then solicited bids for the guardrail portion of the highway project. A subcontracting compensation clause program awards incentive payment to prime contractors who subcontract with DBEs. In consideration of the additional compensation, Mountain Gravel hired Gonzales, a certified DBE, despite the fact that Adarand submitted the lowest bid. Adarand appealed against the government in the District Court, which granted summary judgment in favor of the government. On appeal, the Tenth Circuit Court affirmed the decision of the District Court. Adarand petitioned the Supreme Court for a writ of certiorari, which...
N.D.). In the case of Adarand their submission bid was the lowest however, under the 1987 Surface Transportation and Uniform Relocation Assistance Act "not less than 10% of the appropriated funds shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals" (Reed, O. & et all. 2008). The firm Gonzales Construction Company which had also submitted a competing yet higher bid was chosen
1 Cummings v. Board of Education (1899), Berea College v. Kentucky (1908), and Gong Lum v. Rice (1927) were three Supreme Court cases that followed Plessy v. Ferguson and that led to the segregation of schools and the establishment of the separate but equal doctrine that Plessy v. Ferguson set in motion. In Cummings v. Board of Education, the Supreme Court ruled that a Georgia county school board was perfectly within
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouchers to be given to families of low socioeconomic standing for both religious and secular educational institutions. This being said, Rehnquist was not able to completely disrupt the social change that Warren had started in
Affirmative Action/Equal Opportunity The policies of affirmative action aiming at assisting the black Americans are of recent origin. The policies have sought its origin to varied sources like legal structure, executive instructions, and court rulings. It was during the last three decades that these policies were being developed and they have become debatable as well. (Legal History) During the last three decades of the nineteenth century, a large number of African-Americans
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three conservative organizations submitted a collective brief to the Supreme Court on the Michigan cases. These organizations were the Center for Equal Opportunity, the Independent Women's Forum and the American Civil Rights
367) According to Sander, none of these questions have been asked effectively and therefore we as a nation continue to believe that affirmative action is a necessary social development for the creation of a more representative society, where disenfranchisement must be answered by active plans, policies and laws. Few of us would enthusiastically support preferential admission policies if we did not believe they played a powerful, irreplaceable role in giving nonwhites
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