GPO-CONAN-2017-10-15.pdf

1462 city of new orleans v dukes 427 us 297 30304

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1462 City of New Orleans v. Dukes, 427 U.S. 297, 303–04 (1976); City of Pitts- burgh v. Alco Parking Corp., 417 U.S. 369 (1974). 1463 Dandridge v. Williams, 397 U.S. 471, 485–86 (1970); Jefferson v. Hackney, 406 U.S. 535, 549 (1972). See also New York City Transit Auth. v. Beazer, 440 U.S. 568, 587–94 (1979). 2100 AMENDMENT 14—RIGHTS GUARANTEED
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the legislature in determining whether the classification had a rea- sonable relationship to that goal, 1464 although it has usually ended up upholding the classification. Finally, purportedly applying the ra- tional basis test, the Court has invalidated some classifications in the areas traditionally most subject to total deference. 1465 Attempts to develop a consistent principle have so far been un- successful. In Railroad Retirement Board v. Fritz , 1466 the Court ac- knowledged that “[t]he most arrogant legal scholar would not claim that all of these cases cited applied a uniform or consistent test un- der equal protection principles,” but then went on to note the differ- ences between Lindsley and Royster Guano and chose the former. 1464 E.g. , McGinnis v. Royster, 410 U.S. 263, 270–77 (1973); Johnson v. Robison, 415 U.S. 361, 374–83 (1974); City of Charlotte v. International Ass’n of Firefighters, 426 U.S. 283, 286–89 (1976). It is significant that these opinions were written by Justices who subsequently dissented from more relaxed standard of review cases and urged adherence to at least a standard requiring articulation of the goals sought to be achieved and an evaluation of the “fit” of the relationship between goal and classification. Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 182 (1980) (Justices Brennan and Marshall dissenting); Schweiker v. Wilson, 450 U.S. 221, 239 (1981) (Justices Powell, Brennan, Marshall, and Stevens dissenting). See also New York City Transit Auth. v. Beazer, 440 U.S. 568, 594 (1979) (Justice Powell concurring in part and dissenting in part), and id. at 597, 602 (Justices White and Marshall dis- senting). 1465 E.g. , Lindsey v. Normet, 405 U.S. 56, 74–79 (1972) (requirement for tenant to post forfeitable bond for twice the amount of rent expected to accrue pending ap- pellate decision on landlord-tenant dispute violates Equal Protection); Eisenstadt v. Baird, 405 U.S. 438 (1972) (state cannot provide dissimilar access to contraceptives for married and unmarried persons); James v. Strange, 407 U.S. 128 (1972) (statute allowing state to seek recoupment of attorney fees from indigent defendants who were provided legal counsel may not treat defendants differently from other civil debtors); Department of Agriculture v. Moreno, 413 U.S. 528 (1973) (state may not exclude households containing a person unrelated to other members of the house- hold from food stamp program); City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985) (rejecting various justifications offered for exclusion of a home for the mentally retarded in an area where boarding homes, nursing and convalescent homes, and fraternity or sorority houses were permitted). The Court in Reed v. Reed, 404 U.S. 71, 76 (1971), used the Royster Guano formulation and purported to strike down a sex classification on the rational basis standard, but, whether the standard
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