Adarand Constructors, Inc. v. Pena

Petitioner Adarand Constructors, Inc., claims that the Federal Government’s practice of giving general contractors on Government projects a financial incentive to hire subcontractors controlled by “socially and economically disadvantaged individuals,” and in particular, the Government’s use of race-based presumptions in identifying such individuals, violates the equal protection component of the Fifth Amendment’s Due Process Clause. The Court of Appeals rejected Adarand’s claim. We conclude, however, that courts should analyze cases of this kind under a different standard of review than the…