Randy Pech, owner of Adarand Constructors, which builds highway guardrails in Colorado, sued after Adarand was passed over for a federally funded highway contract despite the fact that his company was the lowest bidder. Of the five companies that supply guardrails in Colorado, his is the only one not owned by a Hispanic or a woman. Pech complains that he is the exclusive target of set-aside laws: "If I weren't here, they'd have no impact."

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