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Fullilove v. Klutznick

United States Supreme Court
448 U.S. 448 (1980)

Written by Rebecca Wilhelm, JD

Facts

In 1977, Congress enacted a statute to help minority business enterprises (MBEs), which were businesses owned or controlled by African Americans and other minorities. Government reports and studies in the congressional record established that MBEs had been discriminated against in public contracting opportunities. Under the law, state and local governments would receive federal funds for building projects provided that they used at least 10 percent of the funds to purchase goods or services from MBEs. In some cases, governments might be eligible for administrative waivers. The statute was challenged as facially unconstitutional under the Fourteenth Amendment’s Equal Protection Clause.

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Holding and Reasoning (Burger, C.J.)

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Concurrence (Powell, J.)

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Concurrence (Burger, C.J.)

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Dissent (Stewart, J.)

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Dissent (Stevens, J.)

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