Appellate Section
AFFIRMATIVE ACTION
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Western States Paving Co. v. United States & Washington State Department
of Transportation (9th Cir.) -- Appellee
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The district court correctly determined that TEA-21 and DOT's DBE regulations
are facially constitutional
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Gross Seed Co. v. Nebraska Dep't of Roads & United States
(8th Cir.) -- Appellees
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The district court correctly determined that the federal DBE program is
facially constitutional
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The district court correctly determined that the federal DBE program is
constitutional as applied
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American Federation of Government Employees v. United States
(D.C. Cir.) -- Defendants-Appellees
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The contracting provision in section 8014(3) directed at companies owned by
members of federally recognized Native American tribes and tribal entities
does not violate the equal protection guarantee of the Fifth Amendment
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Section 8014(3) does not violate the plaintiffs' due process rights under the
Fifth Amendment to the Constitution
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Sherbrooke Turf, Inc. v. Minnesota Department of Transportation, et al. (8th Cir.) -- Appellee
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Sherbrooke has standing to challenge the DBE program
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District court correctly concluded that recipients of TEA-21 financial
assistance need not independemtly satisfy satisfy strict scrutiny
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District court correctly determined that the federal DBE program is facially
constitutional
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Scott v. Pasadena Unified School District (9th Cir.) -- Amicus
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School district's decision to examine the racial composition of the applicant
pool in deciding whether to take race into account in the selection of
students not subject to strict scrutiny
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Concrete Works of Colorado, Inc. v. City and County of Denver
(10th Cir.) -- Amicus
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In subjecting local affirmative action plan to strict scrutiny, district
court erred in presuming, without supporting empirical data, that numerous
statistical studies, demonstrating a substantial underutilization of minority-
and women-owned businesses as compared to their numbers in the local market,
were unreliable merely because the studies failed to account for certain variables
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Brennan v. New York City Board of Education (2d Cir.) -- Appellee
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Showing of compelling interest to warrant the use of race-based remedial
measures can be satisfied upon some showing of prior discrimination by the
governmental unit involved
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Showing that a challenged employment procedure has a significant disparate
impact is a sufficiently firm basis for adopting narrowly tailored
race-conscious remedial measures
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Providing retroactive seniority to a small class of qualified individuals
is narrowly tailored relief
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United States v. Brown (City of Yonkers) (2d Cir.) -- Appellee
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District court has broad discretion to adopt measures for remedying
segregated housing patterns caused by the City's intentional racial
discrimination, including race-based remedial measures
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Adarand v. Slater (10th Cir.) -- Appellant
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Disadvantaged Business Enterprise (DBE) program authorized by Transportation
Equity Act for the 21st Century (TEA-21) satisfies strict scrutiny
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Belk v. Charlotte-Mecklenburg Board of Education (4th Cir.) -- Amicus
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In determining whether school district is "unitary," district court must make
findings that closely assess whether the school system fully complied with
prior federal court orders
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School district may consider race as one factor in its admissions decisions
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Maintaining an integrated school system is a national policy sufficiently
important to be deemed compelling
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City of San Jose v. Hi-Voltage Wire Works, Inc.
(Supreme Court of California) -- Amicus
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Where a municipality can identify its own race discrimination, it has not only
the power but the duty under the federal constitution and statutes to eradicate
the effects of that discrimination
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Where race-neutral means prove unsuccessful in remedying the effects of race
discrimination, race-based measures must be used as a last resort to remedy
fully the effects of past
discrimination
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State law prohibiting use of race-based remedies under all circumstances
will be preempted when U.S. Constitution or federal statutes requires such remedies
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Rothe Development Corp. v. United States Department of Defense
(5th Cir./Fed. Cir.) -- Appellee
- The district court appropriately granted DOD’s motion for summary judgment because the court carefully evaluated the legislative record and correctly found Congress had a strong basis in evidence for the legislation, and correctly found that the DOD program is narrowly tailored
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Congressional program authorizing affirmative action in defense contracting
satisfies strict scrutiny
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This case is not justiciable, and this court has no jurisdiction to entertain
this appeal because this case is moot, Rothe lacks standing to maintain this
lawsuit, and if Rothe has any claims, they are not ripe
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If any of Rothe's claims are justiciable, this court should remand the case for
further findings and additional development of the evidentiary record
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Rothe has not properly preserved its challenge to the district court's denial
of attorney's fees
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Smith v. University of Washington Law School (9th Cir.) -- Amicus
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University may consider race as one factor in its admissions decisions
in order to enroll a diverse student body
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Brewer v. West Irondequoit Central School District (2d Cir.) -- Amicus
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School districts have a compelling interest in reducing racial isolation
in elementary and secondary schools
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Race-conscious transfer policy narrowly tailored when race-neutral assignment
policies have been insufficient to reduce or halt increasing levels of racial
isolation
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Eisenberg v. Montgomery County Public Schools (4th Cir.) -- Amicus
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School districts have a compelling interest in reducing racial isolation
in elementary and secondary schools
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Race-conscious transfer policy narrowly tailored when race-neutral assignment
policies have been insufficient to reduce or halt increasing levels of racial
isolation
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Tuttle v. Arlington County School Board (4th Cir.) -- Amicus
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School districts have a compelling interest in promoting racial integration
in elementary and secondary schools
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Use of family income or students' first language as criteria in the selection
of students does not trigger strict scrutiny unless school district intended
to use a proxy for race or national origin
Browse Briefs by Category
Affirmative Action
Americans with Disabilities Act and
Section 504 of the Rehabilitation Act
Civil Rights of Institutionalized Persons Act
Constitutionality of Federal Statutes
Criminal
Education
Employment Discrimination (Race, National
Origin, Sex, and Religion)
Freedom of Access to Clinic Entrances Act
Housing
Individuals with Disabilities Education Act
Religion Cases
Title VI of the Civil Rights Act of 1964
Voting
Other
Updated March 10, 2009
