Legal Opinion

Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo

Court of Appeals for the Second Circuit

Decided December 2, 1992No. Nos. 1055, 1059, Dockets 91-9090, 91-9098PublishedCited by 68 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

Fifteen years ago Congress passed the Public Works Employment Act of 1977. That Act contained a provision setting aside ten percent of its funds to be allocated to minority businesses. The Act withstood a constitutional challenge several years later when the Supreme Court held that this affirmative action provision was not reverse discrimination in disguise. The Court stated that nothing in the Constitution required that government actions always be color-blind, and that race-based relief may be appropriate so long as government actions are narrowly tailored to remedy…

2Cases cited27 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. United States v. W. T. Grant Co.Supreme Court of the United States · 1953

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3Cited by68 opinions

  1. Rio Grande Silvery Minnow v. Bureau of ReclamationCourt of Appeals for the Tenth Circuit · 2010
  2. Holland v. GoordCourt of Appeals for the Second Circuit · 2014
  3. Lillbask ex rel. Mauclaire v. Connecticut Department of EducationCourt of Appeals for the Second Circuit · 2005
  4. R² Investments, LDC v. Charter Communications, Inc. (In Re Charter Communications, Inc.)Court of Appeals for the Second Circuit · 2012
  5. LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —Court of Appeals for the Second Circuit · 2004

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