An Analysis of the New Legal Model For Establishing Set Aside Programs For Minority Business Enterprise: The Case of City of Richmond v. J.A. Croson Co.

Rodolpho Sandoval, An Analysis of the New Legal Model For Establishing Set Aside Programs For Minority Business Enterprise: The Case of City of Richmond v. J.A. Croson Co., 25 Gonz. L. Rev. 141 (1989).

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In one of the most dramatic turnarounds in American Jurisprudence, the Supreme Court has established a new perspective of envisioning the fourteenth amendment of the United States Constitution with respect to affirmative action programs involving set-asides for minority business contractors.

On January 23, 1989, the Supreme Court of the United States decided the case of City of Richmond v. J.A. Croson Co. The general issue before the Supreme Court was whether the use of race-conscious classifications to overcome the effects of past discrimination on the opportunities available to members of minority groups violates the fourteenth amendment’s guarantee of equal treatment to all citizens. More specifically, the issue in the Richmond case was whether the minority set-aside provision of the Richmond city ordinance violated the equal protection clause of the fourteenth amendment of the United States Constitution.

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