Fullilove v. Klutznick Case Brief

Facts of the Case

“The congressional spending program in dispute, the Minority Business Enterprise (MBE) provision of the Public Works Employment Act, at, required that 10 percent of the federal funds granted for local public works projects be used by grantees to procure services or supplies from businesses owned and controlled by members of minority groups. The construction contractors sought to enjoin enforcement of the MBE provision, alleging that they sustained economic injury. The appellate court affirmed, holding that even under the most exacting standard of review, the MBE provision passed constitutional muster. The MBE provision did not mandate the allocation of federal funds according to inflexible percentages