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

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