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ADARAND CONSTRUCTORS, INC. v. PENA

No. 93-1841.

515 U.S. 200 (1995)

115 S.Ct. 2097

132 L.Ed.2d 158

ADARAND CONSTRUCTORS, INC. v. PENA, SECRETARY OF TRANSPORTATION, et al.

Supreme Court of United States.

Decided June 12, 1995.

Attorney(s) appearing for the Case

William Perry Pendley argued the cause for petitioner. With him on the briefs were Todd S. Welch and Steven J. Lechner.

Solicitor General Days argued the cause for respondents. With him on the brief were Assistant Attorney General Patrick, Deputy Solicitor General Bender, Cornelia T. L. Pillard, David K. Flynn, Lisa C. Wilson, Paul M. Geier, and Edward V. A. Kussy.*

Justice O'Connor announced the judgment of the Court and delivered an opinion with respect to Parts I, II, III-A, III-B, III-D, and IV, which is for the Court except insofar as it might be inconsistent with the views expressed in Justice Scalia's concurrence, and an opinion with respect to Part III-C in which Justice Kennedy joins.

Petitioner Adarand Constructors, Inc., claims that the Federal Government's practice of giving...

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