This amendment would, I believe, end one of the most costly and unfair and unconstitutional, as the Senator from Kentucky has said, minority set-aside programs in our Federal Government. As the Senator has already said, ISTEA mandates that "not less than 10 percent" of Federal highway and transit funds be allocated to "disadvantaged business enterprises." These are firms owned by officially designated minority groups presumed to be socially and economically disadvantaged. The Senator from Kentucky already mentioned the Supreme Court case. In the 1995 case, the Supreme Court spoke on this issue in Adarand v. Pena. Senator McConnell has gone into the details extensively, and I will not go back through it. But in that decision, as he has said, it is explained that not only the Supreme Court but a U.S. district court has ruled that this minority set-aside program is unconstitutional.
Editor's note · Context
Discussing an amendment related to minority set-aside programs during Senate floor debate.
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