The rights established are personal rights."   Ohio Contractors Assn. We limit ourselves to two observations in this regard. Fullilove, STEVENS' separate dissent sought and found "a rational and unquestionably legitimate basis" for the school board's action. of San Francisco, 813 F.2d, at 929 (Kozinski, J.) Seven members of the public spoke to the merits of the ordinance: five were in opposition. Justice Antonin Scalia wrote a concurring opinion that used the dissent by Justice Harlan in Plessy v. Ferguson (1896) that made segregation legal, in which he argued for a color-blind Constitution. Congress' 10% figure fell "roughly halfway between the present percentage of minority contractors and the percentage of minority group members in the Nation." Washington University Law Supreme Court Database. 411   Cf. concurring in judgment in part and dissenting in part) (addressing only legality of Davis admissions plan under Title VI of the Civil Rights Act of 1964). Second, the majority's suggestion that Richmond should have first undertaken such race-neutral measures as a program of city financing for small firms, ante, at 507, ignores the fact that such measures, while theoretically appealing, have been discredited by Congress as ineffectual in eradicating the effects of past discrimination in this very industry. 207. See post, at 547, quoting Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52, 106 S.Ct. Thus, our treatment of an exercise of congressional power in Fullilove cannot be dispositive here. Proper findings in this regard are necessary to define both the scope of the injury and the extent of the remedy necessary to cure its effects. Fullilove, supra, at 533-535 (dissenting opinion) (footnotes omitted). Nobody that I know of, black, Puerto Rican or any minority, has ever been turned down. See Croson I, supra, at 188. But this Court's remedy-stage school desegregation decisions cannot so conveniently be cordoned off. The role model theory employed by the lower courts failed for two reasons. U.S., at 465 1 Nor could the second concern, the history of discrimination in society at large, justify a racial quota in medical school admissions. Croson sued the city in the U.S. District Court for the Eastern District of Virginia challenging Richmond's ordinance under the equal protection clause of the Fourteenth Amendment. If one aspect of the judiciary's role under the Equal Protection Clause is to protect "discrete and insular minorities" from majoritarian prejudice or indifference, see United States v. Carolene Products Co., 304 U.S. 144, 153, n. 4, 58 S.Ct. 433 The District Court also relied on the highly conclusionary statement of a proponent of the Plan that there was racial discrimination in the construction industry "in this area, and the State, and around the nation." On December 9, 1983, counsel for Croson wrote the city asking for a review of the waiver denial. See Days 480-481 ("[I]t is essential that state and local agencies also establish the presence of discrimination in their own bailiwicks, based either upon their own fact-finding processes or upon determinations made by other competent institutions"). 9-50. Wygant, supra, at 276, 106 S.Ct., at 1848.   On September 30, 1983, Eugene Bonn, the regional manager of J.A. The dissenting judge elaborated: When the legislatures and leaders of cities with histories of pervasive discrimination testify that past discrimination has infected one of their industries, armchair cynicism like that exercised by the majority has no place. [ All rights reserved. (1980) (STEVENS, J., dissenting) (noting statements of sponsors of federal set-aside that measure was designed to give their constituents "a piece of the action"). Bonn determined that to meet the 30% set-aside requirement, a minority contractor would have to supply the fixtures. . -199, and n. 1 (1979); Teamsters, supra, at 339, n. 20. 480 If all a state or local government need do is find a congressional report on the subject to enact a set-aside program, the constraints of the Equal Protection Clause will, in effect, have been rendered a nullity. of Education, a case involving a school board's race-conscious layoff provision, reflect this shared understanding. U.S. 537, 549 U.S. 1016 [488 181 (1985). U.S. 469, 563]. v. Keip, 713 F.2d, at 171 (relying on percentage of minority businesses in the State compared to percentage of state purchasing contracts awarded to minority firms in upholding set-aside). Cf. (1958). Id., at 306 (citations omitted). If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. The majority ignores two important facts. It cannot seriously be suggested that nonminorities in Richmond have any "history of purposeful unequal treatment." Croson Co. the waiver and ordered it to re-bid the contract with minority-owned subcontractors. of Education, The majority's refusal to recognize that Richmond has proved itself no exception to the dismaying pattern of national exclusion which Congress so painstakingly identified infects its entire analysis of this case. The difficulty of overcoming the effects of past discrimination is as nothing compared with the difficulty of eradicating from our society the source of those effects, which is the tendency - fatal to a Nation such as ours - to classify and judge men and women on the basis of their country of origin or the color of their skin. Id., at 25-26, and n. 41. In Fullilove, six Members of this Court deemed this interest sufficient to support a race-conscious set-aside program governing federal contract procurement. See also South Carolina v. Katzenbach, Synopsis of Rule of Law. Story, Commentaries on the Constitution 1961, p. 677 (T. Cooley ed. 476 Like the "role model" theory employed in Wygant, a generalized assertion that there has been past discrimination in an entire industry provides no guidance for a legislative body to determine the precise scope of the injury it seeks to remedy. -319 (1978). The rhetoric of today's majority opinion departs from Wygant in another significant respect. [488 3000, 3013, 92 L.Ed.2d 315 (1986) (mere existence of single race clubs in absence of evidence of exclusion by race cannot create a duty to integrate). L. Rev. But our decisions have often emphasized the danger of the government tacitly adopting, encouraging, or furthering racial discrimination even by its own routine operations. "[H]owever sound Green [v. New Kent County School Board, supra] may have been in the context of the public schools," we said, "it has no application to this wholly different milieu." See also San Antonio Independent School Dist. Shelley v. Kraemer, 334 U.S. 1, 22, 68 S.Ct. We noted probable jurisdiction of the city's appeal, 484 U.S. 1058, 108 S.Ct. The mere recitation of a benign or compensatory purpose for the use of a racial classification would essentially entitle the States to exercise the full power of Congress under 5 of the Fourteenth Amendment and insulate any racial classification from judicial scrutiny under 1. 1. Footnote 2 (plurality opinion). Begin typing to search, use arrow keys to navigate, use enter to select. What appellant ignores is that Congress, unlike any State or political subdivision, has a specific constitutional mandate to enforce the dictates of the Fourteenth Amendment. -276 (1986) (plurality opinion) (discrimination in teacher assignments to provide "role models" for minority students); Palmore v. Sidoti, 433 Ibid. v. Keip, 713 F.2d 167 (CA6 1983). In any event, the Richmond City Council has supported its determination that minorities have been wrongly excluded from local construction contracting. The Court of Appeals went on to hold that even if the city had demonstrated a compelling interest in the use of a race-based quota, the 30% set-aside was not narrowly tailored to accomplish a remedial purpose. 475 We stated that the Constitution requires a State "to steer clear, not only of operating the old dual system of racially segregated schools, but also of giving significant aid to institutions that practice racial or other invidious discrimination." Racial classifications "drawn on the presumption that one race is inferior to another or because they put the weight of government behind racial hatred and separatism" warrant the strictest judicial scrutiny because of the very irrelevance of these rationales. U.S. 265 Id., at 276 (plurality opinion) ("In the absence of particularized findings, a court could uphold remedies that are ageless in their reach into the past, and timeless in their ability to affect the future"). Footnote * The Chief Justice concluded that "Congress had abundant historical basis from which it could conclude that traditional procurement practices, when applied to minority businesses, could perpetuate the effects of prior discrimination." 822 F.2d, at 1357. In Wygant, [ Ibid. The agent was not familiar with Brown or Continental, and indicated that a credit check was required which would take at least 30 days to complete. U.S., at 481 The gross overinclusiveness of Richmond's racial preference strongly impugns the city's claim of remedial motivation. It required contractors who worked on public projects with the city to subcontract at least thirty percent of their contracts to minority-owned businesses. U.S. 469, 480] 97-956, p. 35 (1982) (Report of House Committee on Small Business, finding that federal programs to aid minority businesses have had "limited success" to date, but concluding that success could be "greatly expanded" with "appropriate corrective actions"); H. R. Rep. No. Ibid. See, e. g., Brown v. Board of Education, Unlike the program upheld in Fullilove, the Richmond Plan's waiver system focuses solely on the availability of MBE's; there is no inquiry into whether or not the particular MBE seeking a racial preference has suffered from the effects of past discrimination by the city or prime contractors.   Justice Powell, writing for the plurality, again drew the distinction between "societal discrimination" which is an inadequate basis for race-conscious classifications, and the type of identified discrimination that can support and define the scope of race-based relief. JUSTICE O'CONNOR noted the Court's general agreement that a "remedial purpose need not be accompanied by contemporaneous findings of actual discrimination to be accepted as legitimate as long as the public actor has a firm basis for believing that remedial action is required. U.S., at 465 Supp.App. So long as one views Richmond's local evidence of discrimination against the backdrop of systematic nationwide racial discrimination which Congress had so painstakingly identified in this very industry, this case is readily resolved. App. city of richmond v croson quimbee appeal docketed, (1977) (same). , n. 1 ("Judicial findings of exclusion from crafts on racial grounds are so numerous as to make such exclusion a proper subject for judicial notice"); cf. It requires every State to govern impartially. Court has long championed. Richmond's initiative affects only future economic arrangements and imposes only a diffuse burden on nonminority competitors - here, businesses owned or controlled by nonminorities which seek subcontracting work on public construction projects. . The District Court found the city council's "findings sufficient to ensure that, in adopting the Plan, it was remedying the present effects of past discrimination in the construction industry." Indeed, for all the record shows, all of the minority-business enterprises that have benefited from the ordinance may be firms that have prospered notwithstanding the discriminatory conduct that may have harmed other minority firms years ago. -489 (1955). The gross overinclusiveness of Richmond's racial preference strongly impugns the city's claim of … the majority's standard. Appellant argues that our decision in Fullilove is controlling, and that as a result the city of Richmond enjoys sweeping legislative power to define and attack the effects of prior discrimination in its local construction industry. J.) It also provides a measurable boost to those economic entities that have thrived within it, while denying important economic benefits to those entities which, but for prior discrimination, might well be better qualified to receive valuable government contracts. Based upon his discussions with Acorn, Brown subsequently submitted a bid on the fixtures to Croson.

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