Affirmative action programs could be codified as the U.S. Supreme Court hears Adarand Constructors v. Mineta, a case that challenges a highway construction program that offered incentives to large companies to hire subcontractors owned by racial minorities, says Americans for a Fair Chance, the nation’s leading coalition on affirmative action. “We are confident that the Supreme Court will uphold these programs, and we were relieved to hear Attorney-General Ashcroft’s commitment on ÔMeet the Press’ (3/11/01) to defend this program,” said Georgina Verdugo, Executive Director of Americans For A Fair Chance.
The Supreme Court issued a drastic 5-4 ruling limiting affirmative action programs in 1995, also involving the white-owned Adarand Constructors, Inc. Some law scholars fear that the current case could effectively put an end to affirmative action, but leading affirmative action groups are confident that the Supreme Court will uphold the Federal Appeals Court’s decision that the highway construction program being challenged is constitutional and meets the Court’s “strict scrutiny” test established in the 1995 case.