Adarand+Constructors,+Inc+v+Pena

=__**Adarand Constructors, Inc V. Pena**__:=

**January 17, 1995 - June 12, 1995**
Adarand submitted the lowest big as a subcontractor for part of a project funded by the United Stated Department of Transportation. The prime contractor was to receive additional compensation if it hired small businesses controlled by socially and economically disadvantaged people. Gonzales Construction Company, another contractor was given the work. It was certified as a minority business, and Adarand was not. The prime contractor would have accepted Adarand’s bid if it wasn’t for the additional payment for hiring Gonzales.

__**Case Basics**__
93-1841
 * Docket No.**

Adarand Constructors
 * Petitioner**

Pena
 * Respondent**

Rehnquist Court (1994-2005)
 * Decided By**

515 U.S. 200 (1995)
 * Opinion**

Tuesday, January 17, 1995
 * Argued**

Monday, June 12, 1995
 * Decided**

__**Conclusion**__

 * Decision:** 5 votes for Adarand Constructors, 4 votes against
 * Legal provision:** Equal Protection

The court held that all racial classifications must pass strict scrutiny review. The court said that compensation programs that are based on disadvantage, rather than race, would be classified as lower equal protecting standards.

But because race isn’t a sufficient condition, all race based classifications had to be judges under strict scrutiny standards. The court remanded for a determination of whether the Transportation Department’s program satisfied strict scrutiny.

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