City of Richmond v. J.A. Croson Company: A Discussion of its Impact on Affirmative Action Programs
26 Pages Posted: 29 Oct 2009
Date Written: October 27, 1990
The United States Supreme Court's decision in City of Richmond v. J.A. Croson Company has become a benchmark in affirmative action challenges which began more than a decade ago. The Court, in its clearest pronouncement yet on stateand municipal set-aside programs, applied a strict scrutiny standard of reviewand invalidated a racial preference program as violative of the Equal ProtectionClause of the 14th Amendment. While the Court has not precluded state or localentities from rectifying effects of identified discrimination within their jurisdiction,sponsors of such legislation now bear a heavy burden when justifying set-asideprograms. This article explores the case law leading to Croson as well asaffirmative action programs since this decision, in an effort to identify thoseelements which contribute to a successful municipal or state sponsored minoritybusiness enterprise plans.
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