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Case: Adarand Constructors, Inc. v PenaBackground: Adarand Constructors, Inc. were a construction company specializing in guardrail work who submitted a bid for a contract by the Department of Transportation. The DoT eventually gave the contract to Gonzales Construction Company because they were certified as a minority business which the DoT was looking as it would receive increased compensation for hiring a minority company. It was argued January 17th, 1995 and decided on June 12th, 1995.Question of Law: Can disadvantage be based on race alone? If disadvantage can be based on race, then does that violate the Due Process Clause of the 5th amendment?AIR: The action that triggered the suit was that Adarand Constructors, Inc. were denied a contract by the DoT because of the increased compensation the contractor would receive if they hired a company owned by a minority. The injury suffered by the litigant was that they were unable to receive a government contract for work that they specialize in and that contract was handed to a minority company even though the contractor would have given the contract to Adarand if not for the added compensation offered for hiring …show more content…
Fullilove v Klutznick held that legislation enacted by Congress requiring at least 10% of federal funds granted for local public works programs had to be used to hire minority businesses. The Court held that this program was a legitimate use of Congressional power and did not have to act with color-blindness in mind. Metro Broadcasting v FCC was a case that involved multiple complaints by companies about the minority preference policies by the FCC. The Court held that the FCC acted fairly by using these methods because they attempted to fix the problem of past discrimination and that it did not violate congressional objectives for the

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