The Supreme Court decision in Adarand Constructors, Inc v. Pena held that government affirmative action programs must be justified under the strict scrutiny test and that the court would examine such justifications closely. Elucidate

Answer 1

In Adarand Constructors, Inc. v. Pena, the U.S. Supreme Court held that affirmative action plans by public sector employers must pass the strict scrutiny test under the U.S. Constitution. Although the language of the test for the legality of affirmative action under Title VII and the test under the Constitution is similar, the Supreme Court has emphasized that the tests are distinct and different. The court in Adarand Constructors, Inc. v. Pena explicitly stated "that federal racial classifications, like those of a State, must serve a compelling governmental interest, and must be narrowly tailored to further that interest."