nJUSTICE O'CONNOR:
n
nPetitioner Adarand Constructors, Inc., claims that the
Federal Government's practice of
giving general contractors on government
projects a financial incentive to hire subcontractors controlled by "socially and
economically disadvantaged
individuals," and in particular, the Government's use of race-based presumptions in
identifying such
individuals, violates the equal protection component of the Fifth Amendment's Due Process Clause.
n
nThe Court of Appeals rejected Adarand's claim. We
conclude, however, that courts
should analyze cases of this kind under a different standard of review than the one the Court of
Appeals applied. We therefore
vacate the Court of Appeals' judgment and remand the case for further proceedings.