Adarand Defeats Clinton Administration
The Clinton administration suffered another defeat in its defense of race-based decision making, adding yet another litigation victory for the MSLF case in Adarand Constructors, Inc. v. Peña. After nearly two years of delaying tactics by federal lawyers, Judge John Kane, Jr., appointed to the bench by President Carter in 1977, ruled that the manner in which the government awards federal highway contracts based on race is unconstitutional. Judge Kane ruled that the program was not "narrowly tailored" since it was "both underinclusive and overinclusive." "Indeed," declared Judge Kane, "under these standards, the Sultan of Brunei would qualify [as socially and economically disadvantaged]." The Clinton administration has appealed the decision.
Whoops, wait a minute. That looks like something Scalia could have written. What gives?!??
Huh I guess Scalia isn't on Kane's side when it comes to medical marijuana and drug validation.
There was that 2000 decision where the Supreme Court voted 8-0 against a California "medical marijuana" club.