Strengthening Constitutional Self-Government

No Left Turns

10th Circuit Upholds Affirmative Action

A three-judge panel of the 10th Circuit Court of Appeals reversed a district court decision by ruling Denver’s affirmative action program for racial minorities satisfies a compelling state interest (and is narrowly tailored) to remedy the effects of previous discrimination in the construction industry. Discrimination against women was also covered under this ruling.

The case, CONCRETE WORKS OF COLORADO v. CITY AND COUNTY OF DENVER, applied the usual strict scrutiny test with regards to race and intermediate scrutiny with regards to sex discrimination. You know things are bad when the court starts using phrases like "disparity index" and "underutilization" to determine if an individual has receieved the equal protection of the laws or not.

I’m still trying to figure out if this case was decided correctly or not, one problem being that the 10th Circuit Court decided that it didn’t have to decide the "narrowly tailored" question because the district court (in another previous ruling) decided the program was narrowly tailored and the plaintiff did not raise the issue originally.

Concrete Works of Colorado will appeal to the Supremes.

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