Why does the supreme court feel justified in departing from


1. Refer to the facts in living with the constitution, where parents challenge the way in which school assignments are made.

A- Is the school assignment based on any classification? If so, what?

B- Is any fundamental right involved?

C- If this case were to be heard by the Supreme Court, which test would they used to analyze the practice?

2. Refer to case City of Cleburne V. Cleburne Living Ctr. Inc.

A- Why does the Supreme Court feel justified in departing from the general rule that state laws are presumed to be valid when laws classify by factors such as race, alienage, and national origin?

B- Why do laws that classified by gender require heightened scrutiny?

C- Why do laws that classify by age require only the rational but basis test?

D- Which test did the court apply in this case and why?

3. Refer to the case Bush V. Gore

A- Why did the court find an equal protection violation in the recount?

4. Refer to the Brown II case.

A- According to the Supreme Court, who has primary responsibility for desegregating the schools?

B- What practical problems could a court consider in deciding if a school District is integrating with proper speed?

5. Refer to Grutter V. Bollinger.

A. Why did the court find race - conscious policy to be constitutional for the law school?

B- How did the court explain the concept of "Narrow tailoring"?

C- Why does the decision in this case differ from the decision in Parents Involved in Community Schools V. Seattle Schools?

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Business Law and Ethics: Why does the supreme court feel justified in departing from
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