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Suspect Classification Reed Strict Scurtiny and Reed Kevin J S Zollman University of California Irvine Nature of Law Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Outline 1 Suspect Classification Motivation Two types of review 2 Reed Which review Why does it fail The interpretation offered Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Classifications Plessy established that the constitution only requires equal treatment but not necessarily identical treatment Brown established that at least in education equal treatment could only be achieved by identical treatment In both cases the case involved classifications based on race Are any governmental classifications illegitimate Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Classifications Plessy established that the constitution only requires equal treatment but not necessarily identical treatment Brown established that at least in education equal treatment could only be achieved by identical treatment In both cases the case involved classifications based on race Are any governmental classifications illegitimate Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Classifications Plessy established that the constitution only requires equal treatment but not necessarily identical treatment Brown established that at least in education equal treatment could only be achieved by identical treatment In both cases the case involved classifications based on race Are any governmental classifications illegitimate Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Classifications Plessy established that the constitution only requires equal treatment but not necessarily identical treatment Brown established that at least in education equal treatment could only be achieved by identical treatment In both cases the case involved classifications based on race Are any governmental classifications illegitimate Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Violating constitutional rights Another issue is unequal treatment wrong under all circumstances Analogously can the government ever curtail the right to free speech What about preventing incitements to riot yelling fire in a crowded theater or committing acts of treason Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Violating constitutional rights Another issue is unequal treatment wrong under all circumstances Analogously can the government ever curtail the right to free speech What about preventing incitements to riot yelling fire in a crowded theater or committing acts of treason Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Violating constitutional rights Another issue is unequal treatment wrong under all circumstances Analogously can the government ever curtail the right to free speech What about preventing incitements to riot yelling fire in a crowded theater or committing acts of treason Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Other times What about classifying people in legitimate ways Can the government do whatever it wants in those cases What about making people wear badges or requiring they walk on different sides of the street Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Other times What about classifying people in legitimate ways Can the government do whatever it wants in those cases What about making people wear badges or requiring they walk on different sides of the street Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Other times What about classifying people in legitimate ways Can the government do whatever it wants in those cases What about making people wear badges or requiring they walk on different sides of the street Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Argument in Plessy Justice Brown This decision will also authorize states to require separate cars to be provided for people whose hair is of a certain color or who are aliens or who belong to certain nationalities or to enact laws requiring colored to people to walk upon one side of the street and white people upon the other The reply to all this is that every exercise of the police power must be reasonable and extend only to such laws as are enacted in good faith for the promotion for the public good and not for the annoyance or oppression of a particular class Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Rational Basis Review no Overturn the statute Does the statute pursue a legitimate state interest no yes Does it pursue that interest in a reasonable manner yes Uphold the statute Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Something else But in United States v Carolene Products Company 1938 something else was suggested The case was about shipping milk where a law was upheld on the basis of rational review But in a very famous footnote Justice Stone suggested sometimes the court might do something else Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Something else But in United States v Carolene Products Company 1938 something else was suggested The case was about shipping milk where a law was upheld on the basis of rational review But in a very famous footnote Justice Stone suggested sometimes the court might do something else Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Something else But in United States v Carolene Products Company 1938 something else was suggested The case was about shipping milk where a law was upheld on the basis of rational review But in a very famous footnote Justice Stone suggested sometimes the court might do something else Kevin J S Zollman Strict Scurtiny and Reed Suspect Classification Reed Motivation Two types of review Footnote 4 Justice Stone It is unnecessary to consider now whether legislation which


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