In Adarand Constructors, Inc. v. Peña (1995), the Supreme Court held that any federal, state, or local affirmative action program that uses racial classifications as the basis for making decisions is subject to by the courts.

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The Supreme Court in Adarand Constructors, Inc. v. Peña (1995) held that racial classifications imposed by federal, state, or local government must be analyzed by a reviewing court under strict scrutiny, the most stringent level of judicial review.