Supreme
Court to Decide Affirmative Action Case Supreme
Court to Decide Affirmative Action Case
Monday March 26 5:27 PM ET
By James Vicini WASHINGTON
(Reuters) - The Supreme Court said on Monday it will return to the politically explosive issue of federal affirmative action for racial minorities, deciding whether a program to help disadvantaged businesses survives constitutional scrutiny. Taking up one of the nation's most contentious social issues, the court agreed to hear a challenge to the U.S. Transportation Department's revised highway construction program designed to favor minority and other disadvantaged businesses.
Blacks and other minority groups have defended affirmative action programs as a way to make up for past discrimination while critics have attacked them as an illegal form of ``reverse discrimination.'' The Supreme Court, led by a 5-4 conservative majority, has generally made it harder for affirmative action programs to pass constitutional scrutiny, sharply restricting their use. The justices will hear arguments in the closely watched case and issue its ruling during its term that begins in October, setting the stage for its first affirmative action ruling since 1995 when it decided the same case.
The U.S. Justice Department during the presidency of Bill Clinton -- who urged that affirmative actions programs be amended, not ended -- had defended the program that gives preferences to blacks and other minorities. The case gives the Bush administration Justice Department the chance to change course. President George W. Bush has opposed affirmative action programs that involve racial quotas, but generally has supported greater opportunity for minorities.
Justices To Review Ruling That Upheld The Program
The Supreme Court will decide whether a U.S. appeals court, in upholding the program, misapplied a tough standard in determining that Congress had a compelling interest to enact legislation to remedy the effects of racial discrimination. The court also will decide if the program was sufficiently ''narrowly tailored'' to serve compelling government interests to remedy the effects of racial bias that impede the ability of socially and economically disadvantaged individuals to take part in opportunities created by government contracting.
In its 1995 ruling, the court imposed tough new standards before the government
can pursue preferences for minorities. Adarand Construction Inc., a Colorado
construction highway firm owned by a white man, initially sued over a 1990 program
that set aside construction contracts for minority businesses. After the 1995
ruling, Congress reauthorized the law and the Transportation Department revised
the program.
It kept the presumption that minority-owned businesses were disadvantaged and added the presumption for companies owned by women. In addition, all firms claiming such status must certify they are socially and economically disadvantaged and show their owner's personal net worth was less than $750,000. The company's claim of being disadvantaged can be challenged. State and local highway construction programs that receive federal funds must set their own goals for including disadvantaged businesses, based on local market conditions, and can devise their own way to meet the goal.
The appeals court in upholding the program said Congress found strong evidence that minority businesses suffered intentional discrimination in highway construction bidding. It said the federal government has significantly changed the way it carries out the program so that it passed constitutional muster.
Opponents of affirmative action welcomed the high court review. ``This case should have far-reaching consequences because racial preferences continue to permeate every level of government,'' said Clint Bolick of the Institute for Justice. ``The court should put an end to government-sanctioned discrimination, once and for all.''
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