Constitutional scrutiny4/27/2023 applied a more lenient standard of review in upholding two racial preference policies used by the FCC in the award of radio and television broadcast licenses. Justice Sandra Day O’Connor wrote a dissenting opinion joined by the Chief Justice and by Justices Antonin Scalia and Anthony Kennedy, and Justice Anthony Kennedy added a separate dissenting opinion joined by Justice Antonin Scalia. ![]() This was a 5-4 decision, Justice William Brennan’s opinion of the Court being joined by Justices Byron White, Thurgood Marshall, Harry Blackmun, and John Paul Stevens. By contrast, the Court in Metro Broadcasting, Inc. Applying strict scrutiny, the Court found Richmond’s program to be deficient because it was not tied to evidence of past discrimination in the City’s construction industry. the Court invalidated a minority set-aside requirement that holders of construction contracts with the City subcontract at least 30% of the dollar amount to minority business enterprises. ![]() Justice Antonin Scalia concurred separately Justices Thurgood Marshall, William Brennan, and Harry Blackmun dissented. The latter two Justices joined only part of Justice Sandra Day O’Connor’s opinion each added a separate concurring opinion. The portions of Justice Sandra Day O’Connor’s opinion adopted as the opinion of the Court were joined by Chief Justice William Rehnquist and by Justices Byron White, John Paul Stevens, and Anthony Kennedy. ![]() No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws.Ī clear distinction was then drawn between federal and state power to apply racial classifications. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
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