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AROUND THE WEB
Washington Post
November 27, 2001
Justices Say Colo. Firm Shifted Arguments
[Editor's note: This Supreme Court decision represents a clear reversal and loss for Mountain States Legal Foundation and its client, Adarand Constructors]
...The court first heard the Adarand case in 1995 and ruled, by a vote of 5 to 4, that racial distinctions in government programs must survive "strict scrutiny" by the federal courts. Such programs must be "narrowly tailored" to serve a "compelling government interest," the court said, and remanded the case to lower courts to decide whether the highway program at issue met that standard...
...The case dismissed today, Adarand v. Mineta, No. 00-860, evolved out of Adarand's appeal of a lower federal appeals court's subsequent ruling that the program, as amended by the Clinton administration after the 1995 case, could indeed pass "strict scrutiny..."
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