LAW 120 Chapter Notes - Chapter Equal Protection Clause : Equal Protection Clause, Grutter V. Bollinger, Korematsu V. United States
Document Summary
Immutability of the characteristics forming the basis of classification. History of discrimination directed against that class. Relevance/irrelevance of that class to legitimate policy goals. Anti-subordination (i. e. white people still discriminating post-civil rights act. Visibility of characteristics (if invisible, can"t be discriminated against) This standard is very strict, and often fatal, although. Adarand and grutter (pg 22) suggest this standard might be relaxing a bit, and so not necessarily fatal. Remedying past public or private discrimination in its own jurisdiction (brown pg. 18; in adarand, scalia disagrees that remedying past discrimination by discriminating in the opposite direction is never. Fostering student body diversity in higher ed (grutter) Thomas: it shouldn"t be because it sets unprepared minority students up to fail. In some situations, diversity of elementary education ( parents involved) Cannot be an overbroad generalization (us: virginia; But can"t be based on animus, do some fact-finding (romer; windsor) Applies to men as well as women (craig v. boren)
