GPO-CONAN-2017-10-15.pdf

1478 1472 323 us 214 216 1944 in applying rigid

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1478 1472 323 U.S. 214, 216 (1944). In applying “rigid scrutiny,” however, the Court was deferential to the judgment of military authorities, and to congressional judg- ment in exercising its war powers. 1473 Brown v. Board of Education, 347 U.S. 483 (1954). 1474 McLaughlin v. Florida, 379 U.S. 184, 192, 194 (1964). 1475 Loving v. Virginia, 388 U.S. 1, 11 (1967). In Lee v. Washington, 390 U.S. 333 (1968), it was indicated that preservation of discipline and order in a jail might justify racial segregation there if shown to be necessary. 1476 Personnel Administrator v. Feeney, 442 U.S. 256, 272 (1979), quoted in Wash- ington v. Seattle School Dist., 458 U.S. 457, 485 (1982). 1477 Regents of the Univ. of California v. Bakke, 438 U.S. 265, 287–20 (1978) (Justice Powell announcing judgment of Court) (suspect), and id. at 355–79 (Jus- tices Brennan, White, Marshall, and Blackmun concurring in part and dissenting in part) (intermediate scrutiny); Fullilove v. Klutznick, 448 U.S. 448, 491–92 (1980) (Chief Justice Burger announcing judgment of Court) (“a most searching examination” but not choosing a particular analysis), and id. at 495 (Justice Powell concurring), 523 (Justice Stewart dissenting) (suspect), 548 (Justice Stevens dissenting) (searching scrutiny). 1478 Hunter v. Erickson, 393 U.S. 385 (1969); Washington v. Seattle School Dist., 458 U.S. 457 (1982). 2103 AMENDMENT 14—RIGHTS GUARANTEED
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Toward the end of the Warren Court, there emerged a trend to treat classifications on the basis of nationality or alienage as sus- pect, 1479 to accord sex classifications a somewhat heightened tradi- tional review while hinting that a higher standard might be appro- priate if such classifications passed lenient review, 1480 and to pass on statutory and administrative treatments of illegitimates incon- sistently. 1481 Language in a number of opinions appeared to sug- gest that poverty was a suspect condition, so that treating the poor adversely might call for heightened equal protection review. 1482 However, in a major evaluation of equal protection analysis early in this period, the Court reaffirmed a two-tier approach, determin- ing that where the interests involved that did not occasion strict scrutiny, the Court would decide the case on minimum rationality standards. Justice Powell, writing for the Court in San Antonio School Dist. v. Rodriguez , 1483 decisively rejected the contention that a de facto wealth classification, with an adverse impact on the poor, was either a suspect classification or merited some scrutiny other than the traditional basis, 1484 a holding that has several times been strongly reaffirmed by the Court. 1485 But the Court’s rejection of some form of intermediate scrutiny did not long survive. Without extended consideration of the issue of standards, the Court more recently adopted an intermediate level of scrutiny, per- haps one encompassing several degrees of intermediate scrutiny. Thus, gender classifications must, in order to withstand constitutional chal- lenge, “serve important governmental objectives and must be sub- stantially related to achievement of those objectives.” 1486 And clas- sifications that disadvantage illegitimates are subject to a similar 1479 Graham v. Richardson, 403 U.S. 365, 371–72 (1971).
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