FROM THE ARCHIVE
Justice Dept. defends affirmative action
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MONDAY, AUGUST 13, 2001

The Department of Justice on Friday submitted a brief to the Supreme Court brief, defending a federal affirmative action contracting program being challenged by a white-owned company.

The case involves a Department of Transportation program that sets aside 10 percent of annual spending on federal highway and transit contracts to minority-owned businesses. It has already been to the Supreme Court once, who limited its applicabilty in a 5-4 rulling in 1995.

The program was then revised to comply with the decision. The company continued its challenge, which was dismissed by the 10th Circuit Court of Appeals in 1999.

The company, Adarand Constructors Inc., then appealed to the Supreme Court, who will hear the case during the upcoming October 2001 term.

Attorney General John Ashcroft opposed the program as a Senator.

The brief was authored by Solicitor General Ted Olson, who defended a white owned rancher challenging the state of Hawaii's Native Hawaiian programs.

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