Strict Scrutiny Standard

News & Analysis as of

Lake County, Illinois “Hat Trick”* Defeats Religious Meditation House in Federal Suit

In MAUM Meditation House of Truth v. Lake County, Illinois, No. 13-cv-3794 (N.D. Ill. 2014), the United States District Court for the Northern District of Illinois ruled that Lake County, Illinois did not violate MAUM...more

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

The U.S. Department of Justice and Department of Education Release New Information About Using Race in Higher Education

On September 27, 2013, the U.S. Department of Justice and Department of Education released a document entitled “Questions and Answers About Fisher v. University of Texas at Austin.” This is the first guidance released by...more

Fisher Revisits "Strict Scrutiny" As Applied to Affirmative Action in College Admissions Programs

In an Opinion authored by Justice Anthony Kennedy for a 7-1 majority, the United States Supreme Court in Fisher v. University of Texas at Austin, et al., allowed public colleges and universities to retain their affirmative...more

Reactions to Fisher: Grutter Survives, for now—But What About Title VI?

As we and just about everyone else have noted, Justice Kennedy, writing for a 7-to-1 majority of the Supreme Court of the United States, sent the hot potato Fisher case back to the Fifth Circuit Court of Appeals to “assess...more

The Impact Of Fisher v. Texas On Race-Conscious Assignment Decisions In K-12 Schools

The big news this week in education is the U.S. Supreme Court’s 7-1 decision in Fisher v. University of Texas. In Fisher, the Court held that the lower court should not have taken at face value the University’s claim that it...more

Supreme Court tells Fifth Circuit to "Do-Over"

On Monday, the United States Supreme Court issued its decision in the affirmative action case of Fisher v. University of Texas at Austin. In a 7-1 decision (Justice Kagan recused herself because she had previously worked on...more

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

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

Fisher v. University of Texas: Considerations Of Race In Admissions Survive, Subject To Strict Judicial Scrutiny

In Fisher v. University of Texas, the U.S. Supreme Court left intact the core principle, embodied in its earlier decisions, that college and university admissions policies and practices that give consideration to an...more

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

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

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

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

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

Supreme Court Reinforces Strict Standard of Review of Affirmative Action Programs

In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court vacated the Fifth Circuit's decision upholding a university's affirmative action plan that considered race as one of the factors in its...more

U.S. Supreme Court Finds Affirmative Action Admission Policies Unconstitutional Absent Passing Strict Scrutiny Standards

In a 7-1 opinion, on June 24, 2013, the Supreme Court of the United States upheld the use of affirmative action policies in higher education, albeit only those that can withstand strict scrutiny under the Equal Protection...more

U.S. Supreme Court Directs Fifth Circuit To Reevaluate University Of Texas Admissions Process Using “Correct” Strict Scrutiny Test

In a 7-1 decision (in which Justice Elena Kagan did not participate), the U.S. Supreme Court ruled in Fisher v. University of Texas at Austin that the U.S. Court of Appeals for the Fifth Circuit applied the incorrect strict...more

Second Circuit: Governor’s Layoffs of Only Union Personnel Subject to Strict Scrutiny

On Friday, the Second Circuit issued an important decision in the long-running battle between the state unions and the government about whether layoffs of only union personnel violated the First Amendment....more

Alabama Legislative Update – Week 13: Budgets Approved, Medicaid and Tax Bills Sent to Governor Bentley

With the constitutional deadline of midnight on the 30th day closing in, Alabama lawmakers worked at a feverish pace to complete work on some of the most substantial and controversial legislation in the 2013 session....more

Alabama Legislative Update – Week 12: Gun Bills, Budgets and Medicaid

Last week, legislators turned their attention to the weightiest and most controversial issues, including debate and passage of several gun bills. Now, with only three legislative days remaining, both budgets will take...more

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

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