News & Analysis as of September 19, 2024

Equal Protection › Strict Scrutiny Standard

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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 -

Race-Conscious Admissions: Where We Are and What's Ahead

Foley Hoag LLP on 5/17/2023

As this academic year comes to a close, higher education institutions are waiting to see what the future holds for race-conscious admissions. As these institutions are well aware, the Supreme Court heard oral arguments in...more

Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)

Law School Toolbox on 1/18/2022

Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing the different standards of review a court will apply when dealing with questions of constitutionality. You may also hear these referred to as "levels of...more

Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)

Law School Toolbox on 5/25/2021

Welcome back to the Law School Toolbox podcast! In this week's episode, as part of our "Listen and Learn" series, we're talking about an important area of Constitutional Law -- the Fourteenth Amendment. Specifically, we take...more

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2021

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)

Law School Toolbox on 1/12/2021

Welcome back to the Bar Exam Toolbox podcast! In this week's episode, as part of our "Listen and Learn" series, we're talking about an important area of Constitutional Law -- the Fourteenth Amendment. Specifically, we take a...more

When Can I Redeem My Pennsylvania Property From Tax Sale? It Depends On Where The Property Is…

Rosenberg Martin Greenberg LLP on 10/26/2020

Renowned Pennsylvanian Benjamin Franklin famously wrote that “in this world, nothing can be said to be certain except death and taxes.” A recent decision of the Pennsylvania Supreme Court demonstrates that, even in the...more

Harvard College’s Affirmative Action Admissions Plan Upheld in Recent Decision: Key Takeaways for Colleges & Universities

Bass, Berry & Sims PLC on 11/5/2019

On September 30, 2019, the District Court for the District of Massachusetts issued its long-awaited opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, _ F. Supp. 3d. _, 2019 WL 4786210,...more

Supreme Court Upholds University Affirmative Action Admissions Policy

FordHarrison on 7/6/2016

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

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

Littler on 6/27/2016

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

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

Jackson Lewis P.C. on 6/24/2016

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/24/2016

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

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

Mintz - Education and Nonprofits Viewpoints on 6/24/2016

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

Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

Foley Hoag LLP on 6/24/2016

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

Supreme Court Decides Fisher v. University of Texas at Austin

Faegre Drinker Biddle & Reath LLP on 6/24/2016

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

United States Supreme Court Upholds University of Texas Affirmative Action Policy

Bradley Arant Boult Cummings LLP on 6/23/2016

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

Constitutionality of 8(a) Program Reaffirmed

PilieroMazza PLLC on 11/25/2015

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

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

Best Best & Krieger LLP on 7/9/2015

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

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

Robinson & Cole LLP on 7/23/2014

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2013

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

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

Miller & Martin PLLC on 6/27/2013

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...

Holland & Knight LLP on 6/27/2013

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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Equal Protection › Strict Scrutiny Standard

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