Case Briefs- Civil and Constitutional Law Part 1

The trial court found for cleburne clc appealed o the

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: appealed. The Appellate Court affirmed. Adarand appealed. o The Appellate Court reviewed DOT's policy based on the guidance the US Supreme Court provided in Metro Broadcasting, Inc. v. FCC (497 U.S. 547 (1990)). In Metro, the Court had created a two- tiered system for analyzing racial classifications. Metro was a reversal of the previous guidance the Court gave in Richmond v. J.A. Croson Co. (488 U.S. 469 (1989)), where they held strict scrutiny was the proper level of review. The US Supreme Court reversed and remanded under the strict scrutiny standard. o The US Supreme Court overruled the decision in Metro and found that since this policy involved a suspect classification, the level of review should be strict scrutiny. That's a return to the holding in Croson. o The Court found that the standard of review should not be based on which party is discriminated, but on whether there was discrimination at all. o Gov’t can only attempt to redress past discrimination in ways that are narrowly tailored. Hopwood v. Texas (Affirmative Action) Rule: Affirmative action in education was not a compelling justification that allows it to elevate some races over others. Craig v. Boren (Intermediate Scrutiny, Gender Discrimination) • • • Oklahoma had a Statute that set the drinking age at 21 for males, but only 18 for females. Several males sued, claiming that the law amounted to gender discrimination, and was therefore a violation of the Equal Protection Clause of the 14th Amendment. o Oklahoma argued that there was a rationa...
View Full Document

This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

Ask a homework question - tutors are online