Strict scrutiny

The issue of equality based on race has given people a plagued view of America since its existence, and this issue of race does not stop when it comes to college admission. In 2003, a case known as Grutter v. Bollinger came in front of the Supreme Court and challenged the constitutional protection or lack of on an affirmative action plan adopted by an university. Grutter deals with the role the state plays in including a minority group into a larger part of the schools student body for…

discussion surrounding the Fisher III decision is focused upon what implications it has on affirmative action jurisprudence. Opponents of race-conscious admissions programs argue that Fisher III effectively raises the standard and makes strict scrutiny truly strict. Proponents, on the other hand, argue that the Court’s decision in Fisher III did not have a tangible effect on the court’s analysis of racial considerations by University admission officers. Derek W. Black, in his article published…

Romer v. Evans is a case brought to the Supreme Court by Richard G. Evans (Respondent), a gay employee of the mayor of Denver against then Governor Roy Romers, The Attorney General of Colorado, and the State of Colorado (Petitioner). The case was centered around an amendment to the state constitution that prohibited “the state of Colorado… at any level of state or local government from adopting or enforcing any law or policy which provides that homosexual, lesbian, or bisexual orientation,…

democratic political environment representatives band together to form parties and abide by their party’s values. This party system thrived in the modern political world due to their unified coordination to achieve shared political goals. However, strict party discipline regime undermines the fundamentals of democracy and the free, fair representation of the electorate. The party system enables convenience for voters to determine which candidate would most likely represent their…

Should affirmative action be allowed in schools? Or does the very idea undermine equality? The case of affirmative action has confronted the Supreme Court in 2008 by a white woman, Abigail Fisher, who believed she was denied acceptance to the University of Texas at Austin because of her skin color. The Court eventually refused to make a major ruling, but instead sent the case back to the lower courts for future analysis and for a future ruling. As for now, affirmative action still exists, but…

Korematsu (1983) What Bitter disappointment know the country you were born in condemn you to a hostile exile, just by the appearance of your skin. Korematsu v. U.S. (1944) is the only case involving race-based distinctions applying the stints scrutiny standard where the court has upheld the restrictive law. To increase the grievances of the case I think public opinion and political exigencies attributed to the high court decision to the obviously unconstitutional internment of Japanese,…

This is a type of classification that is founded on the above named classes, if there is a different context, which requires people to have the same level of treatment the law is required to use intermediate scrutiny and assess if the government is directly impacted (US Legal, 2017). In the case that the court will have be directly impacted then the law and the court uses a rational method to determine if the government would be directly impacted and if it will…

the freedom of speech . However because the speech used by The Final Exit Network publicly offer’s to assist an individual in the commission of suicide, this speech shall be considered commercial speech, which shall be reviewed under intermediate scrutiny . Protection, however, has not always been offered to speech that is deemed “commercial” by way of advertising . In 1942, the Supreme Court upheld a city ordinance prohibiting the distribution of commercial and business materials on public…

In 2001 with the passing of the “not so” Patriot Act, new powers were granted to the executive branch that allowed them to suspend due process of any suspect and enact wartime methods of extracting data due to national security or simply deny these civilians their legal rights.(Hunt, 2014) The Patriot Act, was established as an anti-terrorist tool, but quickly added to the nationalist tool box in militant response to civil opposition. The utilization of this militant tool to impede civilians…

In The Scarlet Letter, written by Nathaniel Hawthorne, many Puritan Laws are broken. Hawthorns story of sin and buried guilt, becomes a portrait of a tormented courageous women, and an inquiry into her chances of redemption. The protagonist of the novel, Hester Prynne is a young woman who commits many of the law breaking sins which put her in a place of despair and sorrow. It is a story of a woman dealing with her torment and dying to redeem herself. Throughout the novel Hawthorne tells the…