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Case Briefs- Civil and Constitutional Law Part 1

See reed v reed 404 us 71 1971 which held that the

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Unformatted text preview: efforts to recruit black police officers are evidence that the police department did not intentionally discriminate on the basis of race. The exam is rationally related to the legitimate government purpose of ensuring that police officers have acquired a particular level of verbal skill. Discussion. After this case, a court confronted with a law that has a disproportionate effect on a racial minority, must first determine if the law is race specific. If it is, either because the law is facially discriminatory or because the law was motivated by a racial discriminatory purpose, the law will probably be invalidated under the strict scrutiny standard of review. If the law is non- race specific, the court will apply the rational basis standard of review, regardless of the law’s impact on racial minorities. Adarand Contractors, Inc. v. Pena (Affirmative Action, past discrimination) • • • • • The Department of Transportation (DOT) awarded a construction contract to Mountain Gravel. Mountain Gravel then hired Gonzales as a subcontractor. o Gonzales won, despite the fact that another subcontractor, Adarand, submitted a lower bid. Gonzales won because the DOT gave Mountain Gravel financial incentives to employ subcontractors that are owned or controlled by "socially and economically disadvantaged individuals." Adarand sued, claiming that the financial incentives were a violation of the Equal Protection Clause of the 5th Amendment. o Adarand argued that they had been discriminated against on the basis of race, and that was a clear violation of the Equal Protection Clause. The Trial Court found for DOT. Adarand...
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