Adarand Constructors, Inc. v. Slater

Summary

The Supreme Court reversed the Tenth Circuit’s judgment dismissing Adarand’s equal protection challenge to federal subcontracting preferences as moot. The Court held that voluntary cessation of challenged conduct does not moot a case unless it is absolutely clear the wrongful behavior cannot reasonably be expected to recur. Because the Department of Transportation had not yet approved Colorado’s revised certification procedures and challenges to Adarand’s certification remained probable, the case was not moot.