Affirmative Action And Governmental Procurement Policies: The Rules Of The Game Have Changed

Abstract

State and local governments have adopted hundreds of affirmative action programs that set-aside a percentage of government procurements for minority-owned businesses.  For a number of years, these programs were commonly upheld based upon certain relatively relaxed constitutional rules.  Recently, however, the Supreme Court articulated stringent new rules that twill significantly curtail future programs of this nature.  Governmental procurement policies must be quickly altered to accommodate these news constitutional limitations.