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Adarand Constructors v. Pena

Docket No.: 93-1841
Argued: January 17, 1995
Decided: June 12, 1995

Topics:

Equal Protection, Civil Rights, 14th Amendment, 4th Amendment, Affirmative Action, Article I, Civil Rights Act, Civil Rights Act of 1964, Commerce Clause, Constitutional Law, Consumer Protection, Due Process, Equal Protection Clause, Fifteenth Amendment, Fifth Amendment, Fourteenth Amendment, RICO, disparate treatment, immigration, judicial review, public schools, racial discrimination, racial preferences, sex discrimination, sovereign immunity, stare decisis

PartyNames: ADARAND CONSTRUCTORS, INC., Petitioner v. Federico PENA, Secretary of Transportation, et al.
Petitioner: Adarand Constructors
Respondent: Pena

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Citation: 16 F.3d 1537
Lower Court Decision
Supreme Court Docket

Adarand Constructors
v.
Pena
515 U.S. 200 (1995)
Other Citations: 115 S.Ct. 2097132 L.Ed.2d 158 (515 U.S.
Question:

Is the presumption of disadvantage based on race alone, and consequent allocation of favored treatment, a discriminatory practice that violates the equal protection principle embodied in the Due Process Clause of the Fifth Amendment?

Adarand Constructors v. Pena
ORAL ARGUMENT

January 17, 1995

Holding: vacated and remanded
Decision: Decision: 5 votes for Adarand Constructors, 4 vote(s) against
Opinion By:

Adarand Constructors v. Pena
Case Documents

1Opinion in Adarand Constructors v. Pena
2Opinion in Adarand Constructors v. Pena
Additional documents for this case are pending review.