Proving Discrimination After Croson and Adarand: "If It Walks Like a Duck"

Following the Supreme Court's decision in Croson, "state and local governments have scaled back or eliminated altogether affirmative action programs that had been adopted precisely to overcome discriminatory barriers" to minority participation. 7 Although many jurisdictions re-enancted minority business enterprise ("MBE")" programs after conducting post-Croson disparity studies of discrimination within their jurisdictions, there has been a tidal wave of litigation regarding the issue of government-sponsored MBE programs.