No. 00-730
IN THE
Supreme Court of the United States
Supreme Court of the United States
ADARAND CONSTRUCTORS, INC.,
Petitioner,
v.
NORMAN Y. MINETA,
SECRETARY OF TRANSPORTATION, et al.,
Respondents.
On Writ of Certiorari to the
United States Court of Appeals
for the Tenth Circuit
BRIEF OF LAWYERS' COMMITTEE FOR CIVIL
RIGHTS UNDER LAW,
AMERICAN CIVIL LIBERTIES UNION,
MEXICAN AMERICAN LEGAL DEFENSE AND
EDUCATIONAL FUND,
NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE, AND
PEOPLE FOR THE AMERICAN WAY FOUNDATION,
AS AMICI CURIAE IN SUPPORT OF RESPONDENTS
JOHN A. PAYTON
Counsel of Record
BRIGIDA BENITEZ
STUART F. DELERY
SHAVAR D. JEFFRIES
TONYA T. ROBINSON
WILMER, CUTLER & PICKERING
2445 M Street, N.W.
Washington, D.C. 20037
(202) 663-6000
August 10, 2001
(LIST OF COUNSEL CONTINUED ON INSIDE COVER)
CHARLES T. LESTER, JR.
Co-Chair
NORMAN REDLICH
Trustee
SNIPPETS:
Supreme Court of the United States
RIGHTS UNDER LAW, AMERICAN CIVIL LIBERTIES UNION, MEXICAN AMERICAN LEGAL DEFENSE AND
EDUCATIONAL FUND, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, AND PEOPLE FOR
ANTONIA HERNANDEZ MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND
2000 M Street, N.W., #400 Washington, D.C. 20036
THE DBE PROGRAM FURTHERS THE COMPELLING INTERESTS IN REMEDYING THE EFFECTS OF RACIAL
Under established precedent, Congress has
Adarand Constructors, Inc. v. Peņa, 515 U.S.
144 Congressional Record S1402, 1403, 1404, 1423 (daily ed.
No. 105-467, part 1................................4, 5 Intermodal Surface Transportation
Participation by Disadvantaged Business Enterprises in Department of Transportation Programs,
Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat.
The ACLU, a nonpartisan and nonprofit organization, is dedicated to the principles of liberty
In response to persistent racial and gender discrimination in the construction industry,
The DBE program, currently authorized by Section 1101of TEA-21,2 directs that at least 10
In 1991, Congress passed legislation, endorsed and signed by President George Bush, that
The statute affords certain minority and female contractors a presumption of disadvantage in
The United States Department of Transportation (DOT), which administers the DBE program, has
If the individual's personal net worth exceeds a regulatory limit of $750,000, or if the
Mar. 5, 1998).7 Consequently, no contractor should ever lose a bid merely because it failed
The Court did not reach the constitutionality of the program but held that strict scrutiny
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