South Dakota
How Adarand Constructors, Inc. v. Peña applies in South Dakota: state-specific rules, key cases, and bar exam notes for Constitutional Law (Equal Protection).
South Dakota courts adhere to the principle of equal protection under the law, similar to federal standards. The state leans towards strict scrutiny in evaluating affirmative action programs, particularly those favoring racial minority groups, aligning with the precedent set by Adarand Constructors.
Under South Dakota law, any racial classification must be subject to strict scrutiny, requiring a compelling governmental interest and that the means employed must be narrowly tailored to achieve that interest.
The court held that any policy promoting racial preferences in public contracting must withstand strict scrutiny.
The court invalidated a state program for not meeting the narrow tailoring requirement while favoring minority contractors.
A policy favoring minority representation was challenged and struck down due to insufficient justification under strict scrutiny.
South Dakota's approach follows the federal standard established in Adarand Constructors, which emphasizes strict scrutiny for affirmative action. While both levels recognize the importance of combating discrimination, South Dakota courts have demonstrated a tendency to apply the principles more rigorously.
Understanding the implications of Adarand for affirmative action and equal protection is essential for the South Dakota bar exam, particularly in issues related to state contracting and employment policies.