PSC 101 Unit 15 Civil Rights II

What is the difference between strict scrutiny, intermediate scrutiny and ordinary scrutiny? Discuss the differences in detail - when are they used, for what purpose, etc.

1. In U.S. constitutional law, courts apply different levels of scrutiny to evaluate the constitutionality of government actions that may infringe upon individual rights or involve certain classifications.

2. Strict Scrutiny

   • Purpose: Applied when a law burdens a fundamental right (e.g., voting, free speech) or involves a suspect classification (e.g., race, national origin).

   • Test: The government must prove that the law:

     • Serves a compelling governmental interest.

     • Is narrowly tailored to achieve that interest.

     • Is the least restrictive means available.

   • Burden of Proof: Falls on the government.

   • Outcome: Laws rarely survive; presumed unconstitutional unless the government meets the stringent criteria.

3. Intermediate Scrutiny

   • Purpose: Applied to laws that classify based on gender or legitimacy

   • Test: The government must prove that the law: serves an important governmental interest & is substantially related to achieving that interest

   • Outcome: Laws may survive if they meet the criteria, but the government must demonstrate a significant justification

4. Ordinary Scrutiny (Rational Basis Review)

   • Purpose: Used when a law does not infringe upon fundamental rights or involve suspect classifications

   • Test: The law is upheld if it is rationally related toa legitimate governmental interest

   • Outcome: Laws are typically upheld unless the challenger can prove the law is arbitrary or irrational.

Identify the background, outcome, and implication of major Supreme Court cases dealing with Affirmative action in the United States.

1. Regents of the University of California v. Bakke (1978)

   • Background: Allan Bakke, a white applicant, challenged UC Davis Medical School's affirmative action program, which reserved 16 out of 100 seats for minority students.

   • Outcome: The Court ruled that racial quotas violated the Equal Protection Clause but upheld the consideration of race as one factor among many in admissions.

   • Implication: Established that diversity is a compelling state interest and set the precedent for race-conscious admissions policies

Identify and describe the opposing sides of the debate related to both Affirmative Action and DEI policies (1964-present). Which side of the debate has the Trump Administration taken?

• Core Beliefs:

  • Affirmative Action and DEI policies constitute "reverse discrimination," favoring certain groups over others based on race, gender, or other characteristics.

  • Such policies undermine meritocracy and individual achievement.

  • They argue that these initiatives perpetuate division rather than fostering unity.

• Key Supporters:

  • Conservative lawmakers and organizations.

  • Individuals advocating for a colorblind approach to policy and hiring.

  • Groups like America First Legal, which have filed lawsuits against DEI practices in various sectors.

Subsequent orders, such as Executive Order 14173, revoked previous mandates requiring affirmative action in federal contracting, emphasizing merit-based hiring practices.

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1. Opposition from Conservative Groups: Phyllis Schlafly led the "Stop ERA" campaign, arguing that the amendment would dismantle protective laws for women, such as alimony and maternity leave, and lead to unintended consequences like women being drafted into military service.

2. Resistance from Labor Unions: Some labor unions, including the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), opposed the ERA, fearing it would invalidate protective labor legislation for women. Wikipedia

3. Political and Cultural Factors: The ERA faced opposition from traditionalist groups who believed that women should maintain their roles as homemakers, and from some women's organizations that feared the amendment would undermine existing protections

4. Title IX of the Education Amendments of 1972:

   • Overview: Prohibits sex-based discrimination in federally funded education programs and activities.

   • Impact: Led to increased participation of women and girls in sports and education, and addressed issues of sexual harassment and violence in educational settings.

5. Lilly Ledbetter Fair Pay Act of 2009:

   • Overview: Amends the Civil Rights Act of 1964 to allow individuals to file pay discrimination claims within 180 days of each discriminatory paycheck, rather than from the date of the original discriminatory decision.

   • Impact: Restores protections against pay discrimination and supports efforts to close the gender wage gap.

What are major issues surrounding gender equality in the United States today? What are the key political concerns? How does demographic representation impact gender equality?

What are the major issues surrounding the debate on transgender equality in the United States? How have recent administrations approached the debate?

1. Gender Pay Gap, Workplace Discrimination, Reproductive Rights, Violence against Women, Healthcare Access (encountering disparities in healthcare, particularly in maternal or mental health)

2. Legislative Actions: Recent laws in various states have sought to restrict reproductive rights, limit access to gender-affirming care, and ban discussions of gender identity in schools.

3. Policy Rollbacks: The Trump administration's executive orders have rescinded protections for transgender individuals and curtailed DEI initiatives in federal agencies.

4. Funding Cuts: Reductions in federal and international funding have impacted women's aid organizations, especially those providing services in crisis zones.

What are the arguments in favor of civil rights being handled at the federal level vs. state level?

Federal Level:

• Uniform Protection: Ensures consistent civil rights protections across all states, preventing disparities where some states may have less robust safeguards.

• Overcoming State Resistance: Addresses instances where state governments have historically resisted or failed to protect civil rights, such as during the Civil Rights Movement.

• National Standards: Establishes universal standards for civil rights, promoting equality and justice nationwide.

State Level:

• Local Adaptation: Allows for civil rights protections to be tailored to the specific needs and values of local communities.

• Closer to Constituents: State governments are often more responsive to the immediate concerns of their residents, facilitating more direct advocacy and participation.

• Laboratories of Democracy: States can experiment with different civil rights policies, serving as testing grounds for potential national reforms.

At what level of scrutiny do courts renew cases involving gender discrimination

intermediate scrutiny

Affirmative action was primarily designed to address:

Historic racial exclusion in education and employment

As noted in lectures on both civil liberties and civil rights, the Supreme Court has recently (As of 2022)

Struck down protections for both affirmative action and federal abortion rights

The Supreme Court ruled in the Bakke (related to Affirmative Action) case that

Race cannot be the sole factor in admissions decisions

Which recent decisions effectively ended affirmative action in college admissions

Students for fair admissions v. Harvard (2023)

Which case upheld affirmative action while banning racial quotas?

Bakke v. UC Regents (1978)

The charge that some affirmative action programs discriminate against non-minorities is called

reverse discrimination

The policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups who face discrimination is known as

affirmative action

As noted in lecture, which of the following contributes most directly to the gender wage gap in the United States

Occupational segregation and unequal pay for equal work

What did the 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Organization do?

Removed federal constitutional protection for abortion rights

As noted in lecture, one reason the U.S. lags behind other development countries in supporting gender equality is

It lacks federal paid family leave

The Equal Rights Amendment was:

Not ratified by necessary 38 states