SC held that Affirmative Action programs approved by Congress only needed to meet Intermediate Scrutiny
- Croson used strict scrutiny, one year later in Metro, intermediate scrutiny used in dealing with 1st A. issues.
- Stevens switched sides, thought that broadcast would have more of an effect in the future. Distinction b/w forward-looking approach and a remedial one, which he sees as backwards looking.
- Croson was about the 14th Amendment; Metro was about the 5th Amendment.
- Brennan wrote opinion in Metro.
- Court struggles w/EP doctrine and the question of who is the guarantor?