Adarand Constructors, Inc. v. Peña
| Adarand Constructors v. Peña | |
|---|---|
| Argued January 17, 1995 Decided June 12, 1995 | |
| Full case name | Adarand Constructors, Incorporated, Petitioner v. Federico Peña, Secretary of Transportation, et al. |
| Citations | 515 U.S. 200 (more) 115 S. Ct. 2097; 132 L. Ed. 2d 158; 1995 U.S. LEXIS 4037; 63 U.S.L.W. 4523; 67 Fair Empl. Prac. Cas. (BNA) 1828; 66 Empl. Prac. Dec. (CCH) ¶ 43,556; 78 Rad. Reg. 2d (P & F) 357; 95 Cal. Daily Op. Service 4381; 95 Daily Journal DAR 7503; 40 Cont. Cas. Fed. (CCH) ¶ 76,756 |
| Case history | |
| Prior | Adarand Constructors, Inc. v. Skinner, 790 F. Supp. 240 (D. Colo. 1992); affirmed sub. nom., Adarand Constructors, Inc. v. Pena, 16 F.3d 1537 (10th Cir. 1994); cert. granted, 512 U.S. 1288 (1994). |
| Subsequent | On remand, 965 F. Supp. 1556 (D. Colo. 1997); vacated, sub. nom. Adarand Constructors, Inc. v. Slater, 169 F.3d 1292 (10th Cir. 1999); rev'd, 528 U.S. 216 (2000); affirmed in part, 228 F.3d 1147 (10th Cir. 2000); cert. granted, 532 U.S. 941 (2001); cert. dismissed, sub nom. Adarand Constructors, Inc. v. Mineta, 534 U.S. 103 (2001). |
| Holding | |
| All racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of "strict scrutiny", the highest level of Supreme Court review (such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests). | |
| Court membership | |
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| Case opinions | |
| Majority | O'Connor, joined by Kennedy; Rehnquist, Thomas (all but Part III–C); Scalia (as consistent with his concurrence) |
| Concurrence | Scalia (in part and in judgment) |
| Concurrence | Thomas (in part and in judgment) |
| Dissent | Stevens, joined by Ginsburg |
| Dissent | Souter, joined by Ginsburg, Breyer |
| Dissent | Ginsburg, joined by Breyer |
| Laws applied | |
| U.S. Const. amends. V, XIV | |
This case overturned a previous ruling or rulings | |
| Fullilove v. Klutznick (1980) (in part) & Metro Broadcasting, Inc. v. FCC (1990) | |
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995), was a landmark United States Supreme Court case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny", the most stringent level of review which requires that racial classifications be narrowly tailored to further compelling governmental interests. Justice Sandra Day O'Connor wrote the majority opinion of the Court, which effectively overturned Metro Broadcasting, Inc. v. FCC, in which the Court had created a two tiered system for analyzing racial classifications. Adarand held the federal government to the same standards as the state and local governments through a process of "reverse incorporation," in which the 5th Amendment's Due Process Clause was held to bind the federal government to the same standards as state and local governments are bound under the 14th Amendment.