Adarand and Aftermath
* June 12, 1995
U.S. Supreme Court decides
Adarand v. Pena
Allegation: DOT's subcontracting compensation clause violates Fifth Amendment or equal protection under law.
Outcome: Court avoids deciding constitutionality of minority contracting but affirms race-based awards with tight parameters.
8(a) impact: Program is favorably mentioned because of its fixed terms (defined criteria for entry and maximum years of participation). Several other challenges to program now hang in other courts.
* June 13, 1995
Clinton issues public support of affirmative action but directs DOJ to review federal programs.
* July 1995
Clinton expresses "Mend, don't end" approach to affirmative action; calls for end of quotas and reverse discrimination.
* Oct. 23, 1995
DOD suspends "rule of two," or small, disadvantaged business set-aside program, pending outcome of administration's review.
* March 1996
Clinton imposes three-year moratorium on new minority set-aside programs.
* May 1996
DOJ published proposed rules for contracting with minority-owned businesses.
SOURCE: DEVON HEWITT