separate people into groups ○ Concurrence would find law unconstitutional based on reasoning used in Reed ● SS application to gender should wait until the Equal Rights Amendment ratified. Craig v. Boren (Intermediate scrutiny) ● Fact: Oklahoma statute prohibit the sale of non-toxicating beer to males under 21, to females under 18 ○ Males btw 18~21 challenged the law denying their rights to equal protection ● Rule: (Intermediate scrutiny) ○ Classifications based on gender must serve important govt objectives ● Rejecting administrative ease and convenience as sufficiently important objectives to justify gender based classifications. ○ Means be substantially related to achievements ● Weak link btw gender & the characteristics that gender purported to represent. ● What about the traffic safety? ○ Nope. not found evidences. No stat to supplement the substantial relation. ○ Females (0.18%) and Males (2%) for the age group 18-20 being arrested
54 ● Certainty to serve a proxy for drinking & driving? Nope. ● Not fit. Validity of stat evidence is DOUBTFUL ○ The law only prohibits selling beer to males btw 18-21, but didn’t prohibit them from drinking if overcome those age group. ● The relationship btw the gender and traffic safety too attenuated. ● The gender diff NOT substantially related to achievement of the statutory objective. ● The provision is too under inclusive to achieve its purported interest. US v. Virginia ● Fact: A woman sued the VMI all-male school for not accepting her despite presence of a parallel program for women. ● Rule: ○ Not allowing women to the school is a facially discriminatory classification! ○ Under intermediate scrutiny, VMI’s exclusion of women was found unconstitutional because it was based entirely on gender stereotypes ○ The government must have an “exceedingly persuasive justification” in convincing the CT that this is the government’s actual purpose. Rational Basis Intermediate Scrutiny Strict scrutiny Ends Legitimate Important Compelling Means Reasonably related Substantially related Necessary Narrowly tailored Class 26. Equal protection rights of documented and undocumented aliens Graham v. Richardson Alienage → Not an unalterable trait (Non- Citizens can become naturalized citizens) Yet, aliens are legitimately excluded from voting. ● Federal government has considerably greater latitude, under the immigration and nationalization power, to discriminate against and among noncitizens given the predominant federal interest in immigration. ● Alienage -- SS but eroded in some degree ● Non-martial children -- Intermediate scrutiny ● Wealth classification -- RB ● Mental retardation -- RB but RB+ <Hypo> NY law requires state supreme court justices to retire at 70 years.
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- Fall '19
- United States Congress