Fullilove v. Klutznick (1980) (not assigned but discussed in Adarand)

• Congress requires contractors on federal money to use 10% of it to hire minority-owned businesses as sub-contractors
• what distinguishes Congress from state legislatures or city councils in relation to "benign" racial classifications?
• does it make sense for Congress to use categories of minority beneficiaries who only live in certain areas of the country?
• if so, should the preference for those beneficiaries be explicitly limited by geography?

• Congress establishes a preference for minority-owned applicants for the granting of broadcast licenses (not absolute, but a factor which can be dispositive) and the purchasing of existing licensees at a discount (absolute)
• Court applies intermediate scrutiny
• important state interest: diversity of programming
• substantial fit: minority owners more likely to diversify programming
• would the regulation have survived "strict" scrutiny?

• what regulation, imposed by what agency, for what purpose?
• what standard of review is applicable?
• should "benign" and "malicious" racial classifications be treated differently?
• should Congress be treated differently from the states?
• what disposition of this case?
• How do you think it should ultimately be decided on the merits?