Craig v. Boren (1976) Flashcards
Craig v. Boren (1976)
Facts
OK Law – women can buy beer at 18; men at 21
Alcohol related accidents
Craig v. Boren (1976)
Issue
Does the state law, which allows women to buy beer at a younger age than men, violate the 14th amendment equal protection clause?
Craig v. Boren (1976)
Majority (Brennan)
Important objective and means substantially related
Public safety
Tenuous relationship between gender and traffic safety
Under-inclusive
Over-inclusive
Craig v. Boren (1976)
Ruling
Yes
Craig v. Boren (1976)
Concurring (Powell)
Reed (rational basis)
Legitimate state interest, means not substantially related
Craig v. Boren (1976)
Concurring (Stevens)
over-inclusive
Craig v. Boren (1976)
Concurring (Stewart)
21st amendment power is broad, but law is irrational
Craig v. Boren (1976)
Dissenting (Burger)
State unwise, but not irrational
Craig v. Boren (1976)
Dissenting (Rehnquist)
Rational basis
Statistical difference enough
Intermediate scrutiny for males???
Third level of review problematic