Adarand Constructors, Inc. v. Pena

Summary

The Court held that Adarand had standing to seek prospective relief and that all governmental racial classifications, including federal classifications intended to benefit disadvantaged minorities, must satisfy strict scrutiny. It overruled Metro Broadcasting insofar as inconsistent with that standard and declared Fullilove no longer controlling to the extent it permitted less rigorous review. The Court vacated and remanded without deciding whether the challenged contracting program was constitutional. Justice O'Connor's separate discussion of stare decisis in Part III–C was joined only by Justice Kennedy. Justice Scalia concurred in part and in the judgment, rejecting racial compensation as a compelling interest. Justice Thomas likewise concurred in part and in the judgment, arguing that benign racial preferences violate the same equality principles as hostile discrimination. Justice Stevens, joined by Justice Ginsburg, dissented and would affirm under existing precedent, emphasizing distinctions between remedial and oppressive classifications and between congressional and state authority. Justice Souter, joined by Justices Ginsburg and Breyer, dissented because Fullilove should control and the broader standard-of-review question should not have been entertained. Justice Ginsburg, joined by Justice Breyer, separately dissented, favoring deference to Congress while emphasizing the Court's recognition that carefully tailored remedial programs can remain constitutional.