Facts
Subcontractor that was not awarded guardrail portion of federal highway project brought action challenging constitutionality of federal program designed to provide highway contracts to disadvantaged business enterprises.
The U.S. District Court granted summary judgment in favor of defendants, and subcontractor appealed. The Court of Appeals affirmed, and certiorari was granted.
Holding
(1) subcontractor had standing to seek forward-looking declaratory and injunctive relief;
(2) all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by reviewing court under strict scrutiny, overruling Metro Broadcasting, 497 U.S. 547, 110 S.Ct. 2997, 111 L.Ed.2d 445; and
(3) remand was required to determine whether challenged program satisfied strict scrutiny.
Vacated and remanded.
