Week Ten Flashcards
(Brown II), how should the court effectuate relief for the plaintiffs and mandate compliance in the transition from a dual to a unitary education system (desegregation)?
The defendants were required to make a prompt and reasonable start towards full compliance (all deliberate speed) and the cases were remanded to the trial courts with directions to frame the decrees in these cases.
When is strict scrutiny of suspect classification applied?
When the differential treatment of the class is *intentional (intent or purpose) on the part of the government. If the government enacts a statute or regulation that merely has the unintended incidental effect of burdening, (i.e. blacks worse than whites) the court will not use strict scrutiny.
Ex. Suppose a city gives a standardized test to all applicants for the local police force. The city and the test designers do not intend to make it harder for blacks than for whites to pass the test. But it turns out that a lot fewer Blacks pass than whites, even though the applicant pools otherwise seem identical. This differential will not trigger strict scrutiny, because the gov. did not intend to treat African Americans differently from whites. (regarding Test 21 in Washington v. Davis)
What is Title VI?
Title VI prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance.
What is Title VII?
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
Although a discriminatory purpose is required for invocation of strict scrutiny, such a purpose need not be the sole purpose of the statute. It is enough that the purpose was a _________________ in the legislatures decision to enact the statutes.
motivating factor
If your client does not have a case under the 14th and 5th amendment, what else should you apply to determine if discrimination has occurred?
Title VI and Title VII
A state-sponsored racial classification will not be held to violate the equal protection clause unless a plaintiff shows _____________.
that the law is motivated by a discriminatory purpose and has a discriminatory impact.
May a public university receiving federal funds constitutionally exhibit a preference for racial minorities in its admissions policy?
No, under the equal protection clause, a public university may not discriminate on the basis of race in its admissions policies, even if doing so benefits members of minority groups. Race cannot be the only factor to determine acceptance to universities. Geography, talents and traits must also be considered.
Provided that all racial classifications are inherently suspect and subject to the strictest judicial scrutiny, what tests are employed to review such classifications?
Classifications must be necessary to promote a compelling interest and precisely tailored to promote substantial interest. All racial classifications whether stigmatizing or benign, are subject to a strict scrutiny test that would be almost impossible to meet absent a showing that the classification was necessary to promote an interest of overriding magnitude, an interest which could be met by a schools interest in a diverse student body
Do racial preferences in undergraduate admissions violate the Equal Protection Clause?
Yes, if a universities admissions policy automatically gives preference to minority students on the basis of race, without additional individualized consideration, violates the equal protection clause.
What is critical mass?
A diverse student body of persons from under represented minority races and from persons with various points of view so that the law school could best train future leaders in society, as well as future attorneys.
Does consideration of race as a factor in admission by state law school violate the fourteenth amendment?
no, the school must demonstrate it previously made a serious, good faith consideration of workable, race-neutral alternatives to achieve the racial diversity. Diversity can included race, but if the diversity admissions approach is being deployed, and is only based on race, then it is unconstitutional. (genuine diversity)
What is skepticism?
strict scrunity
What is consistency?
all races must be treated the same
What is Congruence?
equal protection is the same under the 14th and the 5th amendments
