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In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or ...
Peña, 515 U.S. 200 (1995), overruling Metro Broadcasting, Inc. v. FCC (89-453), 497 U.S. 547 (1990), which had briefly allowed the use of intermediate scrutiny to analyze the Equal Protection implications of race-based classifications in the narrow category of affirmative-action programs established by the federal government in the ...
A suspect classification would be held to a more exacting standard of scrutiny known as strict scrutiny. The ACLU established its Women's Rights Project under Ginsburg to develop cases to persuade the court to treat sex-based distinctions that way.
Holding; Possessing an intellectual disability is not a quasi-suspect classification calling for a heightened level of scrutiny, but nevertheless, the requirement of a special use permit for a proposed group home for people with intellectual disabilities violated the Equal Protection Clause of the Fourteenth Amendment because no rational basis for the discriminatory classification could be ...
Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate courts. When courts engage in rational basis review, only the most egregious ...
Cook v. Gates, 528 F.3d 42 (1st Cir. 2008), is a decision on July 9, 2008, of the United States Court of Appeals for the First Circuit that upheld the "Don't ask, Don't tell" (DADT) policy (Title 10, Section 654) against due process and equal protection Fifth Amendment challenges and a free speech challenge under the First Amendment, and which found that no earlier Supreme Court decision held ...
The "Oracle of Omaha" also bought more shares of Liberty Media SiriusXM Class A and Liberty Media SiriusXM Class C, both tracking stocks for Liberty Media's interest in Sirius XM Holdings (NASDAQ ...
Rather than applying a strict scrutiny test for a law that on its face is based on a suspect classification, the court applied a discriminatory intent test to determine whether the ordinance was actually based on a discriminatory intent which, in turn, would determine the constitutionality of the ordinance since the ordinance mentioned nothing about racial classifications.