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Exam 15: Equal Protection of the Laws

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Question 21

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Aside from the issue of jurisdiction-present in every case before the Supreme Court-what two questions were presented to, and answered by, the Court in Cleburne v. Cleburne Living Center (1985)? Explain. Which party won the case? Why?

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In Cleburne v. Cleburne Living Center (1...

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Question 22

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In Fisher v. University of Texas at Austin (2016), Justice Alito begins his dissent by writing, "Something strange has happened since our prior decision in this case." What did he mean? To what was he referring? Explain.

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In Fisher v. University of Texas at Aust...

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Question 23

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In _____, the Supreme Court struck down segregated schools in the District of Columbia, noting that the Fifth Amendment's Due Process Clause incorporated the Fourteenth Amendment's equal protection guarantee and was thus applicable to the federal government.

Considering the positions of the justices who took part in deciding Fisher v. University of Texas at Austin (2016) , one would expect these members of the Court to vote to uphold public university affirmative action programs that might be challenged in future cases: ____.

Fisher v. University of Texas at Austin (2016) was the Supreme Court's first decision on affirmative action in higher education since Regents v. Bakke (1978). _____

In _____, the Supreme Court in a plurality opinion declared gender discrimination to be a _____ category for applying the Equal Protection Clause.

Concurring in the result in Lawrence v. Texas (2003), Justice O'Connor stated that the case should have been decided on equal protection grounds, and not on the basis of a due process right to privacy that the rest of the majority preferred. In what sense might Lawrence be seen as an equal protection case?

In Loving v. Virginia (1967), can the state law that was challenged be seen as an illustration of a requirement of "separate but equal"? Explain.

According to Justice Bradley in the Civil Rights Cases, why had Congress exceeded its authority in the Civil Rights Act of 1875?

Justice William O. Douglas was the first to make the case for heightened judicial scrutiny under the equal protection clause of legislation affecting fundamental rights in _____, where the Supreme Court struck down a state law providing for the compulsory sterilization of criminals.