Constitutional Law - Jacobs Final

EP - Strauder Facts

Black man convicted of murder in state court by an all-white jury and makes an equal protections challenge

EP - Strauder Rule

Needs to be a state action that draws a legally discriminatory line (immutability, history of invidiousness, and political process is not a remedy)

EP - Korematsu Facts

President signed an EO directing military to detain Japanese in internment camps and Congress implicitly ratifies by making it illegal to not follow the EO

EP - Korematsu Rule

If the government action draws a line based on race/national origin then do strict scrutiny review where there must be a compelling state interest justifies the line and the means are narrowly tailored to that purpose

The law was overinclusive and underinclusive of those targeted

EP - Palmore Facts

Florida denies child custody to a white mother because her husband is black "(“best interest of the child”)

EP - Palmore Rule

Even if you can prove a real difference, bias is still not allowed so the law does not stand

EP - Railway Express Facts

NYC outlawed advertising on cars unless it is advertising your own stuff - claiming that this is line drawing

EP - Railway Express Rule

This type of discrimination is not something of historical concern, but there may be a plausible difference

The means must be rationally related to the legitimate purpose

EP - Dukes Facts

Outlaws pushcart vendors to “clean-up” aesthetics but permitted historical ones to remain

EP - Dukes Rule

Under rational basis, there must be some legitimate purpose, it does not necessarily need to be compelling

EP - “We Hate Hippies” Facts

Said no food stamps for unrelated people living together

Targeting Hippie lifestyles

EP - “We Hate Hippies” Rule

When the law is just penalizing a group because they don’t like them, use strict scrutiny

EP - Beazer Facts

Law prohibited hiring drug users, but Ps used methadone to successfully get off of heroin

EP - Beazer Rule

Even if the rule is not great, the Court will still be deferential to the state

Rational Basis does not “dip down” into over, under, or alternate means considerations

EP - Plessy Facts

Law required black and white people to ride in separate but equal train cars

At the time, DC permitted the segregation of separate but equal schools

EP - Plessy Rule

If disadvantageous separation - do strict scrutiny

If equal but different separation - do rational basis

EP - Bowling

Incorporated federal government into 14th amendment challenges

EP - Loving Facts

VA prohibited interracial marriages

Ps got married out of state but came to VA and wanted to be recognized as married

EP - Loving Rule

Even if race classifications apply equally, still do strict scrutiny

EP - Yick Wo Facts

Did not permit laundries in wood buildings without authorization

Only Chinese people were arrested for this

EP - Yick Wo Rule

If the impact of the law causes a racial line, do strict scrutiny

EP - Washington Facts

Complete bar from becoming a police officer in DC without passing Test 21

4 times as many African Americans fail as white people do

EP - Washington Rule

Does not raise to strict scrutiny because Test 21 was not designed to be discriminatory and there is no racial purpose or intent

Distinguishing Yick Wo and Washington

The application of the law in Yick Wo had an intent to discriminate because they administered the law to discriminate

The law in Washington was not being used to intentionally phase out people of color, it merely had that effect

The strength of statistics makes a difference

EP - Gomillion Facts

AL redrew district lines to entire exclude black voters

EP - Gomillion Rule

The statistics were not strong enough but the shape of the district made no logical sense unless it was a race based decision

EP - Feeney Facts

State is giving preference to veterans for jobs and Ps claim it is discriminatory against women

EP - Feeny Rule

Discriminatory Purpose is where the law was made because of the discrimination rather than in spite of it

EP - Armstrong Facts

Harsher sentencing for people of color with crack versus white people with cocaine

EP - Armstrong Rule

Must show that the counterparts are in the same situation and were not proecuted

EP - Disparate Impact Claims

You can make EP discrimination claims based on disparate impact under discrimination statutes (e.g., the Fair Housing Act)

EP - Rational Basis with a Bite

Do rational basis and dip down into under, over, no alternative means

Like in Moreno and Beazer

EP - Reed Facts

Women were not being permitted to contest being the administrator of an estate

EP - Reed Rule

There were alternative nondiscriminatory means to achieve this (more hearings) so this law was prohibited

Rational basis with a bite

EP - Frontiero Facts

Men got automatic dependency status for their wives, women had to manually set it up

EP - Frontiero Rule

Because subjugation of women is comparable to that of slaves, the political process is failing, and sex is an immutable characteristic, classifications of sex get a higher level of scrutiny

EP - Craig Facts

Men couldn’t buy beer from 18-21 but women could

EP - Craig Rule

Intermediate Scrutiny: Classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objects

Must still prove it, have no bias, no over/under inclusion, and consider alternative non-discriminatory means

EP - VMI Facts

Male only military school with lots of connections and prestige

Women wanted in but the school said it would lower prestige

EP - VMI Rule

Some changes to their adversative method (the purpose) will have to be made and that is not enough to completely destroy the purpose and thus justify discriminating against women

No real difference because women can do it

Alternative means - test for the traits that make the adversative method successful

EP - Geduldig Facts

The state did not permit pregnancy to be a covered disability

State argued that they wanted to save money

EP - Geduldig Rule

Apply rational basis because this is not drawing a sex based line and this purpose is ok under rational basis

Administrative/Economic purpose is not ok under intermediate scrutiny (Reed, Frontiero)

DP - Slaughterhouse Cases Facts

LA passed a a law granting a monopoly to slaughterhouses

DP - Slaughterhouse Cases Rule

Privileges or immunities clause does not mean anything within the 14th amendment

DP - Fundamental Right Analysis

If the government action impacts a fundamental right, there must be a substantial relationship between the purpose and the means

DP - Lochner Facts

NY passed a law forbidding employment of bakers for more than 60 hours per week

DP - Lochner Rule

The means used must be germane to the purpose with a real and substantial relationship

There must be an actual problem being addressed

DP - Carolene Products Co Facts

Congress passed a statute prohibiting the shipment of “filled milk” in interstate commerce

DP - Carolene Products Co Rule

If the democratic process is operating fine, the Court will be deferential

If the regulation subverts the democratic process, higher scrutiny is applied

Economic Relationships…

Are deferential

Reproductive Rights - Buck Facts

VA had a law permitting the forced sterilization of institutionalized women

Reproductive Rights - Buck Rule

Reproduction was not viewed as a fundamental right

Reproductive Rights - Skinner Facts

As punishment for certain crimes, men are sterilized

Reproductive Rights - Skinner Rule

Reproductive rights are fundamental so strict scrutiny can apply

Reproductive Rights - Griswold Facts

State law banned the use of contraceptives

Reproductive Rights - Griswold Rule

There is a right to marital intimacy and thus the use of contraceptives

Reproductive Rights - Roe

Found that reproduction was a fundamental right and applied strict scrutiny

Viability framework balances State’s liberty interests and the interests of the individual

Reproductive Rights - Casey

Reaffirmed reproductive rights as a liberty interest but increased state’s liberty interest (regulations ok in last 6 months)

Reproductive Rights - Dobbs

There is no liberty interest to get an abortion

The state’s interest in protecting the fetus outweighs the individual interest

Sexual Orientation - Bowers Facts

P charged with sodomy after doing it consensually in his home with another man

Sexual Orientation - Bowers Rule

There is no fundamental right to engage in homosexual sodomy

Rational basis permits this law

Sexual Orientation - Romer Facts

Ballot initiative in Colorado prohibits class protections for LGBT

Sexual Orientation - Romer Rule

Applies rational basis with a bite and finds it was over, under inclusive, and bare desire to harm

Sexual Orientation - Lawrence Facts

Texas law explicitly prohibits “gay” sodomy; police entered wrong home and found two men engaged in it

Sexual Orientation - Lawrence Rule

History and tradition shows laws poised against non-procreative intimacy

Understandings of liberty change over time

Sexual Orientation - Obergefell

There is no fundamental right to marriage limited to only men and women and the stigma against gay marriage is overly burdensome

The concept of what marriage is has changed drastically

No line drawing so rational basis and this law can’t stand

13th Amendment

Bans slavery and forced labor, except if you’ve committed a crime