WASHINGTON, Nov. 17 (UPI) -- The Supreme Court Monday let stand a lower-court ruling that approved Denver's use of racial preferences in public contracting.
The refusal to review the case signals the court's continued acceptance of affirmative action as a government policy.
But the denial by the full court drew a dissent from Justice Antonin Scalia, joined by Chief Justice William Rehnquist. Scalia complained the Supreme Court's refusal to review the lower-court ruling means government can use affirmative action even when there is a lack of evidence discrimination exists -- despite Supreme Court precedent requiring such evidence.
Denver began using race as a factor in awarding public contracts in 1977. However, following a 1990 study, a city ordinance set up the present program, which requires a prime contractor to make a "good effort" effort to use minority and women-owned businesses.
