suspect classification doctrine

3127 results for suspect classification doctrine

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  • 427 U.S. 297 (1976), 74-775, City of New Orleans v. Dukes

    ... the Court of Appeals' decision is not "final" under the doctrine enunciated in Slaker v. O'Connor, 278 U.S. 188 (1929) (involving ...356 (1973). Unless a classification trammels fundamental personal rights or is drawn upon inherently [96 S.Ct. 2517] suspect distinctions such as race, religion, or alienage, our decisions ...

  • 449 U.S. 456 (1981), 79-1171, Minnesota v. Clover Leaf Creamery Co.

    ... on the narrow issue whether the legislative classification between plastic and nonplastic nonreturnable milk containers is ... . and plastic pouches, but there is no reason to suspect that the gainers will be Minnesota firms, or the losers ... I can find no support for this novel constitutional doctrine in either the language of the Federal Constitution or the prior ...

  • 517 U.S. 456 (1996), 95-157, United States v. Armstrong

    ... the Government declined to prosecute similarly situated suspects of other races. Pp. 461-471.         (a) Contrary to ... . on an arbitrary classification such as race or religion. Oyler v. Boles, 368 U.S. 448, 456. In ... all, "[t]he privilege derived from the work-product doctrine is not absolute." United States v. Nobles, 422 U.S. 225, 239 ...

  • 358 F.3d 804 (11th Cir. 2004), 01-16723, Lofton v. Secretary of Dept. of Children and Family Services

    ... of the welfare of the child, the state can make classifications for adoption purposes that would be constitutionally suspect in ...1061, 1068, 117 L.Ed.2d 261 (1992) (noting that the doctrine of judicial restraint requires even the Supreme Court to exercise ...

  • 440 U.S. 568 (1979), 77-1427, New York City Transit Authority v. Beazer

    ...% of the employees referred to TA's medical director for suspected violations of its narcotics rule were either black or Hispanic ... If there is one doctrine more deeply rooted than any other in the process of ... after one year of treatment or later -- the classification will inevitably discriminate between employees or applicants ...

  • Deconstructing the body: transgender and intersex identities and sex discrimination - the need for strict scrutiny.

    ... of sex identity and sex difference, binary sex classifications can only be viewed as a social construct that disciplines the ... breaks new ground by proposing a new equal protection doctrine that takes cognizance of the realities of sex, and regards sex tegories as a suspect classification, not based on immutability, but on ground of sex ...

  • 306 F.3d 646 (9th Cir. 2002), 00-55532, Scott v. Pasadena Unified School Dist.

    ..., 132 L.Ed.2d 158 (1995) (holding that "all racial classifications, imposed by whatever federal, state, or local governmental actor ... and prudential elements of the standing and ripeness doctrines).         The requirement of Article III standing is a ... the applicant pool's composition, the implementation of a suspect classification was a fait accompli. This conclusion is ...

  • 473 U.S. 432 (1985), 84-468, City of Cleburne, Texas v. Cleburne Living Center, Inc.

    ... reversed, holding that mental retardation is a "quasi-suspect" classification; that, under the applicable "heightened scrutiny" ...McLaughlin, 323 U.S. 101, 105 (1944) ("If there is one doctrine more deeply rooted than any other in the process of ...

  • Suspect Classification

    ...The U.S. Supreme Court has held that certain kinds of government discrimination are inherently suspect and must be subjected to strict judicial scrutiny. The suspect classification doctrine has its constitutional basis in the FIFTH AMENDMENT and the EQUAL PROTECTION CLAUSE of the FOURTEENTH AMENDMENT, and it applies to actions taken by federal and state governments. When a suspect ...

  • 383 U.S. 663 (1966), 48, Harper v. Virginia Board of Elections

    ...P. 668.         (e) Classifications which might impinge on fundamental rights and liberties -- such ...-century later -- we repudiated the "separate-but-equal" doctrine of Plessy . . as respects public education 7 we stated:. ... of indigency as a "neutral fact," irrelevant or suspect for purposes of legislative classification, has never been ...

  • 320 U.S. 81 (1943), 870, Hirabayashi v. United States

    ...He also stated to the Senate that "reasons for suspected widespread fifth-column activity among Japanese" were to be found ... to a free people whose institutions are founded upon the doctrine of equality. For that reason, legislative classification or ...

  • 458 F.2d 1295 (1st Cir. 1972), 71-1377, Wark v. Robbins

    ... reasoning, adding, "In the view of this Court, a classification based not merely upon the distinctive attributes of the sexes, ... more rigorous review, calling for a justification of a suspect classification through proof of a compelling reason therefor, ....1968), has recently employed the suspect classification doctrine as a basis for striking down a statutory scheme of heavier ...

  • Women's Rights

    ... in the nineteenth century, as judges fashioned two doctrines governing CHILD CUSTODY. The "best-interest-of-the-child" doc ... supporters sought to have the Court include sex as a "suspect classification." The SUSPECT CLASSIFICATION doctrine holds that ...

  • 409 U.S. 434 (1973), 71-749, United States v. Kras

    ...Neither does it touch upon what have been said to be the suspect criteria of race, nationality, or alienage. Graham v. Richardson ... standard, in measuring the propriety of Congress' classification, is that of rational justification. Flemming v. Nestor , 363 ...         The District Court held that, under the doctrine of Boddie v. Connecticut , 401 U.S. 371, the statutory ...

  • 501 U.S. 597 (1991), 89-1905, Wisconsin Public Intervenor v. Mortier

    ... detail, in particular: registration and classification, § 136a; applicator certification, § 136b; inspection of ... a general acquiescence in the doctrine that debates in Congress are not appropriate sources of ...Parker, 6 Pet. 680, 687-690 (1832). We suspect...

  • A Survey of Criminal Law Opinions, 0618 CTBJ, 91 CBJ 115

    ... more accurately described the doctrine of forfeiture as. opposed to waiver. In her opinion, “the ... description of the all-black clothing of the suspect given to. dispatch. The officer, while still in his ... unrelated to a suspect classification does not require. automatic reversal,” 446 our Supreme ...

  • 572 U.S. 291 (2014), 12-682, Schuette v. Coalition To Defend Affirmative Action

    ... dependent upon demeaning stereotypes, classifications of. questionable constitutionality on their own terms. ... political-process doctrine. It likely does not, but the cases. establishing that ...1635] of race. is inherently suspect and carries the danger of perpetuating. the very racial ...

  • 424 U.S. 1 (1976), 75-436, Buckley v. Valeo

    ... a less restrictive means of dealing with "proven and suspected quid pro quo arrangements." But laws making criminal. . the ... States," as that term must be construed within the doctrine of separation of powers.         Appellee Commission and ... [T]he classification created only regulates certain . . types of disproportional ...

  • 377 U.S. 533 (1964), 23, Reynolds v. Sims

    ... less frequent than decennial would be constitutionally suspect. Pp. 583-584.         10. Courts should attempt to ...Our Constitution leaves no room for classification of people in a way that unnecessarily abridges this right. 38 . ...Developing a body of doctrine on a case-by-case basis appears to us to provide the most ...

  • EQUAL LIBERTY IN PROPORTION.

    ..., there is a sense of wonder as to how exactly these two doctrines are supposed to coincide. (3) As Roberts observed, Justice ... the Equal Protection Clause and, because wealth was not a suspect class, that funding disparities could be rationally related to ... federal doctrine anyway in holding that a suspect "classification based upon [school] district wealth which affects the fundamental ...

  • Sex Discrimination

    ...Many suspected that he was including sex discrimination in title VII in an ... or refusal to hire, discrimination in discharge, classification of employees or applicants so as to deprive individuals of ...The SUSPECT CLASSIFICATION doctrine holds that laws classifying people according to race, ethnicity, ...

  • 543 U.S. 405 (2005), 03-923, Illinois v. Caballes

    ... Id ., at 707, 103 S.Ct. 2637. The classification rests not only upon the limited nature [125 S.Ct. 839] of the ..., the government could not otherwise take advantage of a suspect's immobility to search for evidence unrelated to the reason for ... likely justify a bomb sniff under the special needs doctrine. See, e.g., ante, at 843, n. 7 (SOUTER, J., dissenting);. ...