Adarand Constructors, Inc. v. Peña
United States Supreme Court
515 U.S. 200 (1995)
A federal highway program gave prime contractors a financial bonus for hiring subcontractors controlled by "socially and economically disadvantaged individuals," a category presumed to include racial minorities. Mountain Gravel, the prime contractor on a federal project, passed over the lowest bid from Adarand Constructors (plaintiff) and instead hired a minority-owned subcontractor, saying it would not have done so without the bonus. Adarand sued Peña (defendant), the Secretary of Transportation, arguing the program's racial presumption violated equal protection. The lower courts ruled for Peña, and the Supreme Court granted certiorari.
Whether a federal program that gives prime contractors a financial incentive to hire subcontractors presumed to be racially disadvantaged violates the equal protection component of the Fifth Amendment's Due Process Clause.