United States Ninth Circuit

Appeal from summary judgment for defendants in 1983 action in which plaintiff asserted that defendant's 2009 Disadvantaged Business Enterprise program unconstitutionally provided race-based and sex-based preferences to minorities and women, is dismissed, where: 1) plaintiff did not identify any of its members who have suffered or will suffer harm as a result of defendant's affirmative action program, and therefore plaintiff had not established that it had associational standing to bring suit; and 2) even if plaintiff could establish standing, its appeal would fail because the program survived strict scrutiny by a) having a strong basis in evidence of discrimination within the California transportation contracting industry, and b) being narrowly tailored to benefit only those groups that have actually suffered discrimination.

Appellate Information

• Decided 04/16/2013
• Published 04/16/2013

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel