Court Won't Hear Affirmative Action Case

THE JOURNAL RECORD, March 10, 1998 | Go to article overview

Court Won't Hear Affirmative Action Case


WASHINGTON (AP) -- The Supreme Court, increasingly skeptical of efforts to give minorities special help without proof of discrimination, refused on Monday to revive a Florida county's affirmative-action program for awarding construction contracts.

The court, without comment, turned away Dade County's argument that discrimination in the local construction industry is severe enough to justify an effort to aid black-owned companies.

The court also declined to hear an appeal by a minority contractors' group that sought to reinstate portions of similar programs in Dade County for companies owned by Hispanics and women. Monday's actions were not decisions and therefore set no national precedent. The justices have strictly limited affirmative-action programs in state and local public works projects since 1989, saying such efforts must be narrowly tailored to remedy the effects of past discrimination. However, a lawyer for the minority contractors' group said that people should not give up on trying to meet that strict legal standard. "We know there is discrimination and that it's unfortunately alive and well," said Thomas F. Pepe, who represents the Allied Minority Contractors Association. "It' just that it's very difficult to prove discrimination." With the proper research on the continuing effects of discrimination, it is possible to win court decisions upholding affirmative action programs, Pepe said. "The construction industry and municipalities need some guidance," added Bob Cuevas, assistant Miami-Dade County attorney. "The standard is strict, but it should be somehow meet-able." In 1995, the Supreme Court said federal programs that aim to help minorities must meet the same strict standard required of state and local governments. The high court also has restricted the use of racial considerations in drawing election districts, while lower courts have cut back on affirmative action in public university admission policies. But the Republican-led Congress has not done away with every federal affirmative action program. …

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