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The Supreme Court Decision in Adarand Constructors, Inc

question 44

Essay

The Supreme Court decision in Adarand Constructors, Inc. v. Pena held that government affirmative action programs must be justified under the strict scrutiny test and that the court would examine such justifications closely. Elucidate.


Definitions:

Proximately Caused

An event sufficiently related to a legally recognizable injury to be considered the cause of that injury.

Breach of Warranty

A violation of the terms of a guarantee provided in a sales contract, where a product fails to meet the stated quality or standards.

Rescind Agreement

To revoke, cancel, or annul an agreement, legally undoing its terms and obligations.

Remedies Available

Legal means for enforcing a right or redressing a wrong provided and sanctioned by law, including compensation, restitution, or injunctions.

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