The Adarand Case: Now Narrowly Tailored to Prevent Monopoly and Competition

Abstract

The Adarand case was significant as it applied the strict scrutiny test to a challenge to an affirmative action program. The program provided cash incentives to prime contractors who subcontracted with minority firms. A contractor who submitted the lowest bid but lost the bid to a Hispanic-owned firm filed suit challenging various aspects of the Department of Transportations’ affirmative action program. The article sets out the backdrop for the creation of affirmative action programs and points out the flaws and strengths in the rationale behind the decision and the dissent.