The affirmative action deathwatch.Adarand case returns to Supreme Court
This may be the "end it" moment advocates of affirmative action affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. have been dreading. In September, the U.S. Supreme Court will once again hear arguments from Adarand Constructors Inc. that challenge the special treatment given to socially and economically disadvantaged enterprises in government contracting.
For almost 10 years, the Years, The
the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109]
See : Time Colorado-based highway construction company has been fighting the Subcontractor Compensation Clause (SCC SCC - strongly connected component ) Program of the U.S. Department of Transportation. The clause allows a prime contractor to receive additional compensation flit hires a contractor that is classified as a "disadvantaged business enterprise" (DBE DBE
Dame Commander of the British Empire
DBE Dame (Commander of the Order) of the British Empire ).
In 1989, Adarand lost a Department of Transportation (DOT) subcontract despite having submitted the lowest bid. The prime contractor instead chose a minority, owned firm, and in return received a monetary bonus from the DOT.
Adarand sued, arguing that the use of a race-conscious presumption in determining who is a socially and economically disadvantaged individual for purposes of the SCC violated its Fifth Amendment equal protection rights.
In a 1995 appeal, the Supreme Court ruled that government racial preference programs were constitutionally suspect. In response, the Clinton administration Noun 1. Clinton administration - the executive under President Clinton
executive - persons who administer the law made efforts to "mend" them, enforcing "strict scrutiny A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy. " of DBEs. And last fall, the 10th U.S. Circuit Court of Appeals upheld that those revisions were indeed constitutional.
The current case argues that the program, under which the Department of Transportation now aims to give 10% of all contracts to disadvantaged businesses, is still unconstitutional.
The Clinton administration, which claimed to be in favor of affirmative action, attempted to "mend it" so as not to "end it" (affirmative action). Now that this infamous case is up to the Bush administration, some are nervous.
"I think the Supreme Court is saying it does not necessarily agree with the 10th Circuit's interpretation and may narrow the program even further," says Charles Payne, who served as general counsel to the Small Business Administration during the Clinton administration.
In a March appearance on NBC's Meet the Press, Attorney General John Ashcroft John David Ashcroft (born May 9 1942) is an American politician who was the 79th United States Attorney General. He served during the first term of President George W. Bush from 2001 until 2005. Ashcroft was previously the Governor of Missouri (1985 – 1993) and a U.S. said, "Obviously, I will defend the Department of Transportation's regulations." But mum's the word, for now. A Justice Department spokeswoman, citing policy, declined to comment on the case.
Payne finds Ashcroft's silence disturbing. "He should be commenting and he should be defending these programs," says Payne. "In the previous administration, the department worked to save affirmative action and defended it in the courts."
Despite Ashcroft and Bush's outward lack of support for affirmative action, some business owners are optimistic. "I am nervous but hopeful," says Charles Jones Charles, Charlie, or Chuck Jones may refer to:
A financial or personal stake one entity has in an asset, security, or transaction.
For example, if you have a mortgage, your bank has a vested interest on the sale of your house.
See also: Right in having minority businesses providing services."
Payne urges minority business owners to petition the White House and members of Congress to support the program. "And do it fast," he advises.
"If you have a majority which, deep in their hearts, think affirmative action ought to be ended, this might give them the opportunity to do it," says Washington attorney Edward Correia, who worked at the White House reviewing affirmative action programs from 1998 to 2000. "This is really the first test for the Bush administration on affirmative action. These programs have been mended as much as they can be and should meet any reasonable constitutional standard."
AFFIRMATIVE ACTION LIFELINE
6.28.1978 Regents of the Univ. of California v. Bakke
Supreme Court ruled that while race was a legitimate factor in school admissions, the use of such inflexible quotas as the medical school set aside was not.
5.19.1986 Wygant v. Jackson Board of Education The U.S. Supreme Court has held that an employer can grant preferential treatment to racial minorities under a private, voluntary Affirmative Action program. Affirmative action is a concerted effort by an employer to rectify past discrimination against specific classes of individuals by
The Supreme Court ruled against the school hoard, maintaining that the injury suffered by non-minorities affected could not justify the benefits to minorities.
1.23.1989 City of Richmond v. J.A. Croson Co.
The Court ruled disallowing the city's set-aside plan requiring that 30% of subcontracts go to minority-owned firms.
6.12.1995 Adarand Constructors Inc. v. Pena
The court again called for "strict scrutiny" in determining whether discrimination existed before implementing a federal affirmative action program.
12.13.2000 Gratz v. Bolinger
A federal judge ruled that the use of race as a factor in admissions at the University of Michigan (body, education) University of Michigan - A large cosmopolitan university in the Midwest USA. Over 50000 students are enrolled at the University of Michigan's three campuses. The students come from 50 states and over 100 foreign countries. was constitutional.