Constitutional Law Keyed to Cohen
Adarand Constructors, Inc. v. Pena
The Plaintiff, Adarand Constructors, Inc. (Plaintiff), a white-owned construction company, was denied a subcontract to provide guardrails to a federal highway construction project in Colorado. Although the Plaintiff submitted the lowest bid, the subcontract was given to a minority-owned firm. A federal law allowed contractors, with projects funded by the federal government, to receive an incentive when they award subcontracts to “socially and economically disadvantaged individuals.” The Plaintiff argued that the federal law violated the Equal Protection Clause of the Fifth Amendment of the United States Constitution (Constitution). After applying an intermediate level of scrutiny to the federal law, the Court of Appeals ruled in favor of the government. The Plaintiff appeals the judgment.
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