Legal Opinion

Western States Paving Co. v. Washington State Department of Transportation

Court of Appeals for the Ninth Circuit

Decided May 9, 2005No. 03-35783PublishedCited by 5 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether the Transportation Equity Act for the 21st Century, which authorizes the use of race- and sex-based preferences in federally funded transportation contracts, violates equal protection, either on its face or as applied by the State of Washington.

I

Western States Paving Co. (‘Western States”) is an asphalt and paving contractor based in Vancouver, Washington. The company is owned by a white male. In July 2000, Western States submitted a bid for subcontracting work on the City of Vancouver’s “NE Burton Road Project.” The project was financed by…

2Cases cited26 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  3. City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
  4. United States v. VirginiaSupreme Court of the United States · 1996
  5. Fullilove v. KlutznickSupreme Court of the United States · 1980

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3Cited by5 opinions

  1. Braunstein v. Arizona Department of TransportationCourt of Appeals for the Ninth Circuit · 2012
  2. Associated General Contractors of America, San Diego Chapter, Inc. v. California Department of TransportationCourt of Appeals for the Ninth Circuit · 2013
  3. Western States Paving Co., Inc. v. Washington State Department Of TransportationCourt of Appeals for the Ninth Circuit · 2005
  4. Geod Corporation v. New Jersey Transit CorporationDistrict Court, D. New Jersey · 2009
  5. Associated General Contractors v. California Department of TransportationCourt of Appeals for the Ninth Circuit · 2013

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