LAW
Con Law 2 Sal F16.docx

B issue does the fifth amendments guarantee of equal

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b. Issue : Does the Fifth Amendment’s guarantee of equal protection require the federal government’s racial classifications to withstand strict scrutiny? c. Holding : Yes i. Federal racial classifications, like those of a State, must serve a compelling governmental interest, 17
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and must be narrowly tailored to further that interest. ii. When race-based action is necessary to further a compelling interest, such action is within constitutional constraints if it satisfies the “narrow tailoring” test this Court has set out (strict scrutiny). 3. Gratz v. Bollinger a. Facts : Another AA case. Two white students were denied admission. They challenge the system that awards 20 points to minority students. b. Issue: Does this AA program violate Equal Protection? c. Holding: Yes. i. While it was ok to consider race in general, the Court found the automatic granting of 20 points to minority students inappropriate. This gave too much deference to race during the process. ii. This was not narrowly tailored. 4. Grutter v. Bollinger a. Facts: AA case. White student was rejected from Michigan’s law school. Admissions uses race as one of many decision making factors because it serves a compelling interest in achieving a diverse student body. b. Issue: Does this violate the Equal Protection? c. Holding : No. i. This was a narrowly tailored use of race to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. ii. The admissions program conducts a highly individualized review of each candidate. iii. Ginsburg, concurring: “Their process ‘does not unduly harm non-minority students.’” iv. Colleges and Universities have a compelling interest in creating a diverse student body and that they may use race as one factor, among many, to benefit minorities and enhance diversity. b. Gender Discrimination –– Quasi-suspect Classifications i. Frontiero v. Richardson 1. Facts : Petitioner is a female member of the military. Her husband was denied dependent benefits. Men who applied for their wives to receive benefits were automatically approved. Govt argued that women are traditionally more dependent than men, and that the automatic approval was for administrative ease/cost efficient. 2. Issue : Is this unconstitutional under the DP clause of the 5th Am? 18
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3. Holding : Yes. a. EP doesn’t apply because the military is federal jurisdiction. b. Classifications based on sex are inherently suspect and must therefore be subject to “close judicial scrutiny.” c. Sex is an immutable characteristic and, like race, is determined solely by birth. d. There was no majority of the Court. But the court here used Strict Scrutiny language, and it was up in the air what level of scrutiny gender discrimination was subject to.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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