EPC

Who wrote Plessy v. Ferguson and in what year?

Justice Brown in 1896

Who had the famous dissent for Plessy v. Ferguson?

Justice Harlan

The statute in Korematsu v. US is a classic example of an ______________ statute.

Overinclusive

When was Korematsu v. US decided, and who wrote the Majority Opinion?

Justice Black in 1944

What was the level of scrutiny applied in Korematsu v. US?

They said strict scrutiny, but actually LLRB

What type of 14th Amendment analysis did the Court use in Brown v. Board?

EPC and SDP because it was a tenuous case either way

Who wrote Brown v. Board and in what year?

CJ Warren in 1954

What Constitutional provision did the Majority rely in on Bolling v. Sharpe?

5th Amendment Due Process Clause

What is the companion case to Brown v. Board?

Bolling v. Sharpe

What year was Bolling v. Sharpe decided, and who wrote it?

1954 and CJ Warren

What case overruled a statute prohibiting interracial marriage?

Loving v. Virginia (1967)

Who wrote Loving v. Virginia, and when was it decided?

CJ Warren in 1967

What was the issue in Palmore v. Sidoti?

Lower court would not give custody to a parent in an interracial marriage due to fear of societal racism

Who wrote Palmore v. Sidoti and in what year?

Justice Burger in 1984

What case dealt with temporary racial prison segregation?

GS Johnson v. California (2005)

Who wrote GS Johnson v. California and in what year?

Justice O'Connor in 2005

What 2 cases are the basis for analyzing disparate impact cases?

Washington v. Davis (1976) and Personnel Administrator of Massachusetts v. Feeney (1979)

Who wrote Washington v. Davis and in what year?

Justice White in 1976

What was the alleged disparate impact in Washington v. Davis?

Minority scores on the DC Police Employment Exam

What did the court require in Washington v. Davis for disparate impact?

That the challenger must prove discriminatory intent behind a statute that disparately impacts a group

What was the alleged disparate impact in Feeney?

Veterans got preference for civil service positions over non-veterans, which disparately impacted women

Who wrote Feeney and in what year?

Justice Stewart in 1979

What is the Feeney standard?

For a challenger to get heightened scrutiny on a disparate impact challenge, they must show intent (from Washington v. Davis (1976) and then show that they passed the statute BECAUSE of the impact, not in spite of

What scrutiny level would Feeney have gotten had she shown "because of, not in spite of?"

intermediate scrutiny

What case is an example of a successful disparate impact challenge?

Hunter v. Underwood (1985)

Why was Hunter v. Underwood (1985) a successful challenge?

The "moral turpitude" crimes were chosen during the Alabama Constitutional Convention in 1905, and it was very clear that the intent was to disenfranchise black people

What case says once a school hits unitary status, there can be no more remedies until a new de jure violation?

Board of Education of Oklahoma City Public Schools v. Dowell

Who wrote Board v. Dowell and in what year?

CJ Rehnquist in 1991

What level of scrutiny will a school district get for de facto discrimination after hitting unitary status?

Low Level Rational Basis, unless the challenger can prove the rule was intended because of the resulting discrimination

What case said race can no longer be used as a factor in college admissions?

Students for Fair Admissions v. Harvard (2023)

Who wrote Students for Fair Admissions v. Harvard and in what year?

CJ Roberts in 2023

What level of scrutiny does gender get, based on what case?

Intermediate Scrutiny from Craig v. Boren (1976)

What case tried to heighten the standard of scrutiny for gender, and what was that propose standard?

VMI (1996), intermediate scrutiny + "exceedingly persuasive justification" that does not rely on stereotypes

Who wrote VMI and in what year?

Justice Ginsburg in 1996

What case rejected the heightened standard in VMI (1996)?

Nguyen v. INS (2001)

Who wrote Nguyen v. INS and what year was in decided?

Justice Kennedy in 2001

What level of scrutiny do illegitimate children get, and in what case what that decided?

Intermediate scrutiny, Clark v. Jeter (1988)

What year was Clark v. Jeter decided, and who wrote it?

Justice O'Connor in 1988

What ends did Clark v. Jeter (1988) say were appropriate and what ends did the court say were inappropriate?

Requiring illegitimate children to establish paternity for administrative efficiency and fraud prevention was substantial ends, but the societal interest in marriage was not substantial ends

What case dealt with denying food stamps to unrelated people living together?

US Department of Agriculture v. Moreno (1973)

Who wrote US Department of Agriculture v. Moreno, and in what year?

Justice Brennan and 1973

What level of scrutiny would the court give when looking at the denial of food stamps to unrelated people living together?

Rational Basis with Bite, per US Department of Agriculture v. Moreno (1973)

What was the issue in Plyler v. Doe (1982)?

Children of illegal immigrants were denied were denied a public education in Texas

Was there a relative or complete deprivation in Plyler v. Doe (1982)?

Complete deprivation

Who wrote Plyler v. Doe and in what year?

Justice Brennan in 1982

Did the Court say there was a fundamental right to education in Plyler v. Doe?

NO

Who wrote City of Cleburne v. Cleburne Living Center and in what year?

Justice White in 1985

What was the issue in City of Cleburne v. Cleburne Living Center?

Mentally Disabled were denied a zoning permit for a group home

What level of scrutiny was used in the lower courts in City of Cleburne (1985), and then what was used by SCOTUS?

Intermediate Scrutiny by lower courts, and Rational Basis with Bite with SCOTUS

What level of scrutiny does a statute that punishes a known class of one get?

Rational Basis with Bite

Is it legitimate to punish a known class of one?

Never, per Village of WIllowbrook v. Olech (2000)

Strict Scrutiny Language

Compelling ends, necessary/narrowly tailored/least restrictive means

Who has the burden of proving/disproving compelling ends, necessary/narrowly tailored/least restrictive means?

The government

Intermediate Scrutiny Language

Important ends, substantially related means

Who has the burden of proving/disproving important ends and substantially related means?

The government

Rational Basis Language

Legitimate ends, rational/reasonable means

Who has the burden of proving/disproving legitimate ends, rational/reasonable means?

The challenger

What was the EPC drafted in response to?

The Black Codes in the South

What is the paradigm for EPC?

4 I's: Immutable characteristic that defines an insular, impotent group that has been subjected to invidious discrimination

What are the true suspect classes?

Race and national origin

What are quasi-suspect classes?

gender, mentally challenged, children of illegal aliens, illegitimate children, gay people, (hippies)

What are 4 examples of non-suspect classes?

worker classes, poor people, addicts, and age classes

What are classes that are still up in the air?

Adoptive children's access to records, homeless people, physically disabled people, and HIV positive people

The 14th Amendment gives a federal _______ to the people against the states

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