Federal Government's Presumption in Procurement Affirmative Action Programs That Americans of Thirty-Seven Nationalities or Ethnicities are Disadvantaged is on a Collision Course With Strict Scrutiny

摘要

Federal affirmative action procurement programs have evolved tremendously since President Roosevelt issued an executive order that prohibited federal government contractors from engaging in discrimination. In the years since that executive order, Congress has implemented affirmative action procurement programs with the best of intentions, but it did not scrutinize them before their enactment to ensure all minority group beneficiaries warranted the programs' special treatment. Too often, Congress and the judiciary have used the term 'minorities' to describe the groups that benefit from the programs. This has prevented a detailed examination of each minority group that the programs assist to determine whether the government has a compelling interest in offering each special treatment.