Associated General Contractors v. Secretary of Commerce of the United States Department of Commerce

MEMORANDUM OPINION AND ORDER THAT CAUSE IS NOT MOOT (After Hearing per Order of U. S. Supreme Court)

I. INTRODUCTION

Following this Court’s ruling, given orally on October 31, 1977, and by way of written opinion dated November 2, 1977, that the 10% minority business enterprises provision of the Public Works Employment Act, as amended, 42 U.S.C. § 6705 (f)(2), violated both the constitutional safeguard of equal protection, U.S.Const. amends. V and XIV, and Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d and § 2000d-l, all parties appealed directly to the United States Supreme Court under the provisions of 28 U.S.C. § 1252 . On July 3, 1978, the Supreme Court upon consideration of the three separate appeals ordered the judgment of this Court vacated and further ordered the cause remanded to this Court “to consider the question of mootness.”

At a hearing held on August 21,1978, this Court filed and spread the order of the Supreme Court and read said Order, in its entirety, into the record. At that time, the Court issued a briefing schedule to the parties in order to facilitate the consideration by this Court of the mootness question. The parties have now, in…