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Adarand Constructors V. Pena

Across
Affirmative action plans must be judged by the strict scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest.
The constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Colorado-based highway construction company specializing in guardrail work. Submitted a low bid.
The highest level of scrutiny applied whenever there is a fundamental right being threatened. It requires the government to prove that there is a compelling state interest behind the policy being challenged and and that the law or regulation is narrowly tailored.
States that, "no person shall... be deprived of life, liberty, or property, without due process of law."
Down
Less demanding than strict scrutiny; in order for a law to pass intermediate scrutiny, it has to have an important government objective and must be greatly related to achieving its objective.
Programs intended to make up for past discrimination by helping minority groups and women gain access to jobs and opportunities.
U.S. Department of Transportation; awarded a highway construction contract in Colorado to Mountain Gravel and Construction Company.
The construction company that was awarded the work. It was certified as a minority business.