Jan. 23, 1989
The City of Richmond v. Croson case involved affirmative action programs at the state and local levels. A program in the city of Richmond set aside 30% of city construction funds for black-owned firms, and was challenged. The Supreme Court ruled that an "amorphous claim that there has been past discrimination in a particular industry cannot justify the use of an unyielding racial quota." It continued that affirmative action must be subject to severe scrutiny and is unconstitutional unless racial discrimination can be proven to be prevalent throughout a single industry. The Court maintained that the purpose of strict scrutiny is to `smoke out' unlawful uses of race by guaranteeing that the legislative body is pursuing a, objective important enough to necessitate use of a highly suspect tool. “The test also ensures that the means chosen `fit' this compelling goal so closely that there is little or no possibility that the motive for the classification was illegitimate racial prejudice or stereotype."
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