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Source Marriage Complete Family Law for MPT List Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

A city ordinance requires that 25 percent of every public-construction contract be awarded to subcontractors owned by members of specified racial minority groups. A nonminority subcontractor who lost a bid challenges the ordinance under equal protection.
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The set-aside is valid automatically because remedying societal discrimination is always a compelling interest. The set-aside is reviewed under strict scrutiny because it expressly classifies by race, even if the city describes the program as remedial. The set-aside is reviewed under rational basis because it is designed to help rather than harm a racial minority group. The set-aside is invalid only if the excluded contractor proves personal racial hostility by every city council member.

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