Identify disadvantaged subcontractors eligible for program

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If the program referred to in Adarand Constructors, Inc. v. Pena had reserved a percentage of highway work for "disadvantaged subcontractors" and instead of using "race-based" presumptions to identify who were disadvantaged subcontractors used an economic standard to identify the disadvantaged subcontractors eligible for the program, would the Court's decision have been the same?

Reference no: EM131281490

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