1. Richmond v. J.A. Coroson Co., (1989)
2. Facts: Richmond instituted a 30% minority set-aside program for all city construction projects. A particular contractor was the lowest bidder for a city project, but he had not complied with the set-aside provision, and so his bid was refused.
3. Procedural Posture: The District Court found that the set-aside program was a legitimate remedy for past discrimination. The court of appeals applied strict scrutiny and reversed, and the Supreme Court affirmed.
4. Issue: Whether the Richmond set-aside program is a violation of equal protection.
5. Holding: Yes.
6. Majority Reasoning: The city of Richmond does not have the power to institute a “benign” or compensatory program that discriminates against whites beyond the limits of the 14th amendment. This is overt racial discrimination, and must be subjected to strict scrutiny. Here, the city has only provided general assertions that there has been discrimination against minorities in contracting, or that such discrimination has been a cause of their under-representation. The absence of minorities firms may be attributable to many other reasons, and it is speculation to assume that it was the product of intentional discrimination. If the city desires to use suspect classifications, it can not merely rest upon generalizations, because racial classifications are generally harmful to both sides. Past societal discrimination is not sufficient to justify racial quotas, and thus there is not a compelling state interest in providing a quota. Also, the racial classification of minorities is over-inclusive because it includes Eskimos and Aleuts. It cuts against the city’s declared remedial purpose that these groups are included given that there is certainly no evidence of any discrimination against them.
7. Dissent Reasoning: [Marshall] The city should be able to have the power to correct for past wrongs without having to shoulder the enormous administrative burden of proving that there was past discrimination that led to the effects.
