United States Ninth Circuit
W. States Paving Co. v. Washington State Dep't of Transp., 03-35783
The Transportation Equity Act for the 21st Century, which authorizes the use of race- and sex-based preferences in federally funded transportation contracts, violates equal protection.
Appellate Information
- Argued 02/11/2005
- Decided 05/09/2005
- Published 05/09/2005
Judges
- O'SCANNLAIN, Circuit Judge:, Before: McKAY,O'SCANNLAIN, and BEA, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Gary E. Lofland, Lofland and Associates, Yakima, WA, argued the cause for the appellant.
- For Appellees:
- Lisa J. Stark, United States Department of Justice, Washington, DC, argued the cause for appellees United States of America, U.S. Department of Transportation, and Federal Highway Administration; R. Alexander Acosta, Assistant Attorney General, Mark L. Gross, United States Department of Justice, Washington, DC, and Jeffrey A. Rosen, Paul M. Geier, and Edward V.A. Kussy, United States Department of Transportation, Washington, DC, were on the brief., Steve E. Dietrich, Assistant Attorney General, Olympia, WA, argued the cause for appellee Washington State Department of Transportation; Christine O. Gregoire, Attorney General, Olympia, WA, was on the brief., E. Bronson Potter, Senior Deputy Prosecuting Attorney, Vancouver, WA, argued the cause for appellee Clark County., Alison J. Chinn, Assistant City Attorney, Vancouver, WA, was on the brief for appellee City of Vancouver.