Concrete Works of Colorado, Inc. v. City and County of Denver, Colorado

Justice Scalia, with whom The Chief Justice joins,

dissenting.

I dissent from denial of the petition for writ of certiorari. In this challenge to Denver’s use of racial preferences in public contracting, the Tenth Circuit, overturning the findings of the District Court, held that Denver had demonstrated a compelling interest in remedying racial discrimination in the Denver construction industry. The decision rests on an inference of racial discrimination from evidence that patently does not measure up to the standards set forth in Richmond v. J. A Croson Co., 488 U. S. 469 (1989). Coming on the…