Strict Scrutiny: Nexus between1.Compelling Gov’t interest?a.Race as basis to achieve = never legitimateb.Greater than legit gov’t int.c.Pressing public necessityd.Remedy the past.i.Nexus b/t past & present spec to geog location (City of Richmond v. Croson)e.Exceptions: i.Public necessity [war]; Korematsuii.Higher educ., esp. law. Grutter.2.Narrowly tailored? To must meet/accomplish compelling gov’t interest: i.By least restrictive means;ii.No race-neutral alternatives (good faith consideration made) City of Richmond v.Crosoniii.Do not have to exhaust all conceivable options. Grutter.iv.Do not have to provide opp for ea individ or every race. Grutter.DiscriminatoryApplication:Note: Distinguish b/t APPLICATION & INTENTProof facially neutral statute is applied in discriminatory fashionYick Wo – fact investigation requiredMcCleskey – shd have argued prosecutorial
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