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
individuals," and in particular, the Government's use of race-based presumptions in
individuals, violates the equal protection component of the Fifth Amendment's Due Process Clause.
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.