Schmidt v. Oakland Unif. Sch. Dist., 457 U.S. 594 (1982)

Schmidt v. Oakland Unified School District

No. 81-1444

Decided June 21, 1982
457 U.S. 594

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Held: In affirming the District Court’s judgment upholding the constitutionality of the Oakland School District’s affirmative action plan requiring that, in order to be considered "responsible" bidders, eligible to be awarded certain School District contracts, general contractors must use minority-owned businesses for at least 25 percent of the total bid, the Court of Appeals abused its discretion in declining to resolve a pendent state law claim that the affirmative action plan was invalid under California law. If the plan was invalid under state law, the Court of Appeals need not have reached the federal constitutional claim.

Certiorari granted; 662 F.2d 550, vacated and remanded.