United States Fourth Circuit

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H.B. Rowe Co. Inc. v. Tippett, 09-1050

In a contractor's suit challenging a North Carolina statute that requires prime contractors to engage in good faith efforts to satisfy participation goals for minority and women subcontractors on state-funded construction projects, district court's judgment that the statutory scheme is constitutional both on its face and as applied is affirmed in part, reversed in part, and remanded where: 1) the State has met its burden of producing a strong basis in evidence for its conclusion that minority participation goals were necessary to remedy discrimination against African American and Native American (but not Asian American or Hispanic American) subcontractors; 2) the statutory scheme is narrowly tailored to achieve the State's compelling interest in remedying discrimination in public-sector subcontracting against African American and Native American subcontractors; but 3) the State has failed to justify its application of the statutory scheme to women.

Appellate Information

  • Argued 03/24/2010
  • Submitted 07/22/2010
  • Decided 07/22/2010
  • Published 07/22/2010

Judges

  • <a href="http://pview.findlaw.com/view/1176701_1">MOTZ</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/3909255_1">Ralph William Kasarda, Jr.</a>, <a href="http://pview.findlaw.com/view/3292119_1">Christopher Grafflin Browning, Jr.</a>