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Question of Interpretation. Similar persons to be dealt with in similar mannerGovt can make classifications, but has to justify need for classificationLook at purpose and means:Rational
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1. Civil Rights 14th Amendment – “equal protection of the laws”
Abolish racial discrim & allow govt to interfere
Right to….
Positive liberty
Positive action on part of government to protect and provide = protection
Civil liberties – freedom from, negative liberty
2. Question of Interpretation Similar persons to be dealt with in similar manner
Govt can make classifications, but has to justify need for classification
Look at purpose and means:
Rational – legit/reasonable – age
Suspect – compelling/only – race
Intermediate – important/subst’l - gender
3. Court rulings Plessy v. Ferguson (1896)
“separate but equal”
Sweatt v. Painter (1950)
Denied admission to U of Texas Law School
6 months to establish sep law school
Substantially equal facilities
Brown v. Bd of Ed, Topeka, KA (1954)
Segregation itself denial of equal protection
1955 re-argument – “all deliberate speed”
4. Continuing Controversies Scope of equal protection
De jure
De facto
What state actions required
Negative – stop discrim – desegregate
Positive – remedy - integrate
Target
Individual grievance
Group – class based
Duration – when is goal achieved?
Remedy past effects of state discrimination
Diversity
5. Affirmative Action or Reverse Discrimination Goal – race neutral law and policy
Issue – Can the govt use race conscious programs to redress continuing effects of past discrimination?
Metaphor of “shackled runner”
When does “fairness” for one runner result in “unfairness” for another runner?
6. Bakke v. DeFunis (1978) Admission to UC Davis Med School
100 places
84 for regular admissions
16 for “economically &/or educationally disadvantaged persons”
Minorities given priority – “most disadvantaged”
Bakke applied twice and was denied – borderline case
7. Lower Court Rulings CA Trial Court
Davis discriminated on basis of race
Violated Bakke’s equal protection
Davis not have to admit Bakke – data not support he would be admitted
CA Supreme Court
Compelling state interest = racial equality
Only use racially neutral means
Ordered Bakke’s admission
8. Supreme Court’s Bakke Decision Bakke was entitled to admission
University could take race into account as one of several factors in its admission criteria
Bakke won but affirmative action was upheld
Goals are OK, quotas not
Six separate opinions
9. Bakke Decision Plurality Opinion
Powell + Burger, Stewart, Rehnquist and Stevens
Bakke should be admitted – can’t set aside a certain number of seats
Powell + Brennan, White, Marshall and Blackmun
Race may be considered a “plus”
Compelling interest in ”diverse student body”
10. Michigan Cases Grutter v. Bollinger (law school pres) filed Dec. 1997 in District Court
Two claims: discrimination on basis of race violated both
14th Amendment equal protection
Title VI of CRA of 1964 – recipients of federal funds cannot discriminate on basis of race
Judge Friedman ruled (March’01)that Michigan’s use of race violated the equal protection clause
Racially diverse student body NOT compelling SI
Wanted 10-17% minorities – NOT narrowly tailored
11. Michigan Cases Sixth Circuit Court of Appeals – May’02
Reversed lower court
Ruled there was a “compelling state interest”
Narrowly tailored point system
Each applicant is considered as individual
12. Michigan Cases Gratz v. Bollinger
Filed Oct. 1997 in District Court
Assigned to Judge Patrick Duggan
Dec. 2000 ruling
Diversity is compelling interest
System under which Gratz rejected is unconst’l – grid system – added points to GPA or LSAT
System Michigan implemented in 1999 is const’l – 150 points/ 20 for race
Both parties appealed
13. Supreme Court Grutter v. Bollinger
5-4 decision upholding Law School policy (O’Connor, Stevens, Souter, Ginsburg, Breyer)
“Narrowly tailored use of race”
“Compelling interest” in educat’l benefits from “diverse student body”
Reaffirm Powell’s Bakke decision
25 years – after that use of racial preferences will no longer be necessary
14. Supreme Court Gratz v. Bollinger
6-3 decision (Rehnquist, O’Connor, Scalia, Kennedy, Thomas, Breyer)
Points system violated equal protection
Not “narrowly tailored”
Says diversity can be a “compelling SI” - can be a “plus” but consider as individual