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    Strict scrutiny requires that legislation be narrowly tailored to a compelling state interest in order to pass the scrutiny test. Gender, like race, meets the requirements of a suspicious classifications and, therefore, must be treated with the same level of scrutiny to uphold the integrity of equal protection principles. After the implementation of the equal protection clause, the Court decided the current scrutiny standard, rationale basis, was not stringent enough to properly uphold equal protection

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    The result has been various affirmative action plans being called into question to see if they violate the Equal Protection Clause based on a racially conscious motive. And while the court has ultimately decided the standard of review to be strict scrutiny, the language in the plurality and majority decisions of Bakke and Grutter still leaves wide latitude for educational institutions to practice reverse discrimination. By not implementing any scale or numbering system that quantifies the number

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    FACTS: Abigail Fisher, a white female, applied to the University of Texas and was then denied acceptance. She did not qualify for the top 10 percent plan, in which all students in the top 10 percent of their high school class would gain admission to the University (Oyez). She was in the top 12% of her graduating high school class. Under the regular admission process, the University looks at many contributing factors including race to decide who is admitted to UT. The plaintiff argues that under the

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    zeitgeist turned more towards gender equality in the public sphere, decisions in landmark Supreme Court cases began striking down more statutes that were discriminatory based on gender. However, for a while the Court refused to place a higher level of scrutiny on claims of gender discrimination under the Equal Protection Clause. In 1971, the Supreme Court examined a challenge to the Idaho Probate Code that preferred males over females in all probate battles in the case of Reed v. Reed, 404 U.S. 71 (1971)

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    and Legitimate Sixty years ago, the United States placed Japanese-, German-, and Italian-Americans in internment camps. Our country has also excluded people of various nationalities simply because we didn't like "their kind." The government's scrutiny of Middle Eastern students in response to September 11 has thus evoked acute suspicions and fears that the Hollywood scenario in "The Siege" will become a reality. Others are concerned that even if internment is a remote possibility, the recent heightened

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    Same-Sex Discrimination

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    The main issues of this legislation revolve around commerce and federal preemption. From the cases discussed in lecture and discussion, there are two cases that have a strong, direct correlation to the cases and many others that have a secondary or weaker correlation to the legislation. Windsor (2012) has the greatest correlation because of the topic at hand. Windsor challenged the constitutionality of the Defense of Marriage Act (DOMA) citing that the act discriminated against the ability of Edith

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    The race is always a big part of any society, but it is probably a very critical subject in the American society. The United States is one of the most diverse countries in the world in terms of race, religion, culture, and other subjects. The United States passed by much racial inequality, and segregation, which was by-laws. But, when time passed, many of these laws were revised and new laws were held to ensure equality. The United States courts have experienced many cases regarding racial inequality

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    First Amendment Relation to Pornography and Obscenity Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography

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    Affirmative Action and Higher Education

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    retribution for one race; however, over time modest progress improving minority representation in schools have combined with the frustrations of a new generation to create a present situation that puts the past's policies under new political and legal scrutiny. When the Bakke decision was handed down it set standards for what affirmative action programs should be like. Specifically, it referred to the Harvard process (Schauer 592), but abstractly it was more gener... ... middle of paper ... ...ronicle

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    ssss

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    of Appeals repealed the decision of the District Court and motioned for a new trial. Held: (1) Classifications based on sexual orientation should be applied to heightened scrutiny in regard to the equal protection clause of the Fourteenth amendment (U.S. Const. amend. XIV. Section 1.). (2) Since this applied heightened scrutiny, the Batson challenge should have been constitutionally allowed and applied during the peremptory strike against Juror B, therefore the strike would ... ... middle of paper

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