The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, October 5, 1988
Decision: Monday, January 23, 1989
Issues: Civil Rights, Affirmative Action
Categories: affirmative action, race discrimination

Advocates

John Payton (Argued the cause for the appellant)
Walter H. Ryland (Argued the cause for the appellee)

Facts of the Case

In 1983, the City Council of Richmond, Virginia adopted regulations that required companies awarded city construction contracts to subcontract 30 percent of their business to minority business enterprises. The J.A. Croson Company, which lost its contract because of the 30 percent set-aside, brought suit against the city.

Question

Did the Richmond law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

In a 6-to-3 decision, the Court held that "generalized assertions" of past racial discrimination could not justify "rigid" racial quotas for the awarding of public contracts. Justice O'Connor's opinion noted that the 30 percent quota could not be tied to "any injury suffered by anyone," and was an impermissible employment of a suspect classification. O'Connor further held that allowing claims of past discrimination to serve as the basis for racial quotas would actually subvert constitutional values: "The dream of a Nation of equal citizens in a society where race is irrelevant to personal opportunity and achievement would be lost in a mosaic of shifting preferences based on inherently unmeasurable claims of past wrongs."

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 votes for J.A. Croson Co., 3 vote(s) against
Legal Provision: Equal Protection
Wrote a dissent
Marshall
Voted with the minority, joined Marshall's dissent, joined Blackmun's dissent
Brennan
Wrote a dissent
Blackmun
Wrote a regular concurrence
Stevens
Voted with the majority
White
Wrote the majority opinion
O'Connor
Wrote a regular concurrence
Kennedy
Wrote a special concurrence
Scalia
Voted with the majority
Rehnquist
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Richmond v. J.A. Croson Co., 488 U.S. 469 (1989),
available at: <http://www.oyez.org/cases/1980-1989/1988/1988_87_998/>
(last visited ).