October Term 2001 · Docket 00-730
Can a federal agency deny a contract to a white-owned firm based on race?
Adarand Constructors seeks to overturn a federal contract denial. The government defends the race-based selection process.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Pendley argued Adarand lost a contract due to race.
Mr. Olson argued the government showed no inconsistent positions.
chief_justice_rehnquist_asked_if_the_government_showed_inconsistent_positions.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
- Official Supreme Court Transcript — file page 54, lines 11-15 — Transcript, file page 54, lines 11-15
A citizen's guide to the whole case
What this case is about
Adarand Constructors lost a federal contract in 1989. The company claims a racial program caused the loss. The government defends the selection process. The Court must decide if this practice violates the Constitution.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
How the case got here
The Supreme Court heard oral argument in this case on October 31, 2001.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 54, lines 11-15 — Transcript, file page 54, lines 11-15
What each side wants
Adarand wants the contract denial overturned.
The government wants the denial upheld.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
What each side says
Adarand argues the race-based program violated its rights.
The government argues the selection process was lawful.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
What the justices asked
Chief Justice Rehnquist asked if the government showed inconsistent positions.
Official sources for this section
- Official Supreme Court Transcript — file page 54, lines 11-15 — Transcript, file page 54, lines 11-15
Why it matters
This case defines the limits of race-based federal contracting. It determines how agencies select contractors. It affects equal access to government business.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 54, lines 11-15 — Transcript, file page 54, lines 11-15
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
- Official Supreme Court Transcript — file page 24, lines 45-23 — Transcript, file page 24, lines 45-23
- Official Supreme Court Transcript — file page 3, lines 15-45 — Transcript, file page 3, lines 15-45
- Official Supreme Court Transcript — file page 51, lines 17-9 — Transcript, file page 51, lines 17-9
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.