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Equal Protection › Supreme Court of the United States › Strict Scrutiny Standard

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
FordHarrison

Supreme Court Upholds University Affirmative Action Admissions Policy

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On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

Littler

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

Littler on

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

Jackson Lewis P.C.

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

Jackson Lewis P.C. on

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

Mintz - Education and Nonprofits Viewpoints

U.S. Supreme Court Upholds Affirmative Action Program at University of Texas

Mintz - Education and Nonprofits Viewpoints on

On June 23, 2016, in its second time hearing Fisher v. University of Texas, the U.S. Supreme Court upheld the affirmative action admissions program at the University of Texas at Austin. The Court held that the program is...more

Foley Hoag LLP

Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

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The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fisher v. University of Texas at Austin

Faegre Drinker Biddle & Reath LLP on

On June 20, 2016, the U.S. Supreme Court decided Fisher v. University of Texas at Austin, No. 14-981, holding that the Equal Protection Clause of the Fourteenth Amendment permits the University of Texas’ use of race-conscious...more

Bradley Arant Boult Cummings LLP

United States Supreme Court Upholds University of Texas Affirmative Action Policy

Bradley Arant Boult Cummings LLP on

In a 4-3 decision released today, in Fisher v. University of Texas at Austin, the United States Supreme Court affirmed that the University’s race-conscious admissions policy meets strict judicial scrutiny and is lawful under...more

Best Best & Krieger LLP

Arizona Town's Content-Based Sign Rules Struck Down by U.S. Supreme Court

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Local agencies urged to review sign codes in favor of content-neutral rules - The United States Supreme Court recently struck down portions of an Arizona town’s sign code that subjected ideological, political and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Approves Affirmative Action In College Admissions, But Remands For Additional Analysis Of Admissions Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Justice Kennedy, in an opinion joined by Chief Justice Roberts and Justices Alito, Scalia, Thomas, Breyer, and Sotomayor, wrote that public universities’ race-conscious admissions policies are constitutionally permissible and...more

Miller & Martin PLLC

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

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Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

Holland & Knight LLP

Supreme Court Rules that Lower Courts Failed to Apply Rigorous Enough Scrutiny to Racial Classification in Higher Education...

Holland & Knight LLP on

In a 7-1 opinion, the United States Supreme Court concluded in Fisher v. Univ. of Texas, No. 11-345 (June 24, 2013) that lower courts had failed to apply a rigorous enough scrutiny to the University of Texas' use of racial...more

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