Did Adarand kill minority set-asides?
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In Adarand Constructors Inc. v. Pena (115 S.Ct. 2097, 1995) the Supreme Court ruled that federal affirmative action preference programs must undergo the strict scrutiny standard of judicial review. A program or policy subject to strict scrutiny is one that cannot pass muster under the Constitution's equal protection mandate unless there is a compelling government interest in its objectives and the program is narrowly tailored to meet the objectives. After an introductory discussion of minority business contracting opportunities in the business and federal sectors, this article reviews the Adarand decision and discusses the implications of the decision for minority business federal contracting.