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In the 1989 case City of Richmond v. JA. Croson Co.,' the Supreme Court held that minority business set-aside programs2 established by state and local governments are subject to strict judicial scrutiny and so are constitutionally permissible only in limited circumstances. Croson's impact has been devastating. Lower courts have already declared invalid the set-aside plans of a number of cities, counties, and states. Many other state and local governments have abandoned their plans rather than attempt to defend or restructure them Civil rights advocates fear this trend will leave minority business enterprises (MBE's) and minority workers even more severely underrepresented among those

Fighting Minority Underrepresentation in Publicly Funded Construction Projects after Croson: A Title VI Litigation Strategy