Question

Adarand v. Pena—Brief this case into four sections:

1. Facts

2. Issues (the legal question the court took on)

3. Holding

4. Court Reasoning

Answer 1

1. Facts: The wide majority of federal agency contracts need the subcontractor compensation clause, which enables the financial incentives to contractors for the hiring of the subcontractors which are tiny businesses owned by economically and socially disadvantaged people. The clause is an approach by Federal government to try to offset the discrimination faced by tiny businesses owned by minorities in the country. Adarand Constructors (Petitioner) had submitted the low bid on a subcontract for a federal transportation project, but was denied the contract because a presumptive preference was provided to business entities from minority. Adarand then sued in federal court, claiming it to be the equal protection violation under the Due Process Clause of the Amendment V.

2. Issues: Does the Due Process Clause of the Fifth Amendment guarantees for equal protection require the federal government’s favored treatment on basis of race alone to withstand strict scrutiny?

3. Holding: The court ruling stated that the race-based policy designed with a motive to for helping the minority small businesses based on disadvantage presumption violate for equal protection under the V Amendment’s Due Process Clause

4. Reasoning: All racial-based government policies or statutes have to be evaluated under a close scrutiny analysis, even when it's motive is to remedy racial discrimination