Suspect ClassificationMotivationTwo types of reviewReedSuspect ClassificationReedStrict Scurtiny and ReedKevin J.S. ZollmanUniversity of California, IrvineNature of LawKevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewOutline1Suspect ClassificationMotivationTwo types of review2ReedWhich review?Why does it fail?The interpretation offeredKevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewClassificationsPlessy established that the constitution only requires equaltreatment, but not necessarily identical treatment.Brown established that (at least in education) equaltreatment could only be achieved by identical treatment.In both cases, the case involved classifications based onrace.Are any governmental classifications illegitimate?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewClassificationsPlessy established that the constitution only requires equaltreatment, but not necessarily identical treatment.Brown established that (at least in education) equaltreatment could only be achieved by identical treatment.In both cases, the case involved classifications based onrace.Are any governmental classifications illegitimate?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewClassificationsPlessy established that the constitution only requires equaltreatment, but not necessarily identical treatment.Brown established that (at least in education) equaltreatment could only be achieved by identical treatment.In both cases, the case involved classifications based onrace.Are any governmental classifications illegitimate?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewClassificationsPlessy established that the constitution only requires equaltreatment, but not necessarily identical treatment.Brown established that (at least in education) equaltreatment could only be achieved by identical treatment.In both cases, the case involved classifications based onrace.Are any governmental classifications illegitimate?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewViolating constitutional rightsAnother issue: is unequal treatment wrong under allcircumstances?Analogously, can the government ever curtail the right tofree speech?What about preventing incitements to riot, yelling “fire” in acrowded theater, or committing acts of treason?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewViolating constitutional rightsAnother issue: is unequal treatment wrong under allcircumstances?Analogously, can the government ever curtail the right tofree speech?What about preventing incitements to riot, yelling “fire” in acrowded theater, or committing acts of treason?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewViolating constitutional rightsAnother issue: is unequal treatment wrong under allcircumstances?Analogously, can the government ever curtail the right tofree speech?What about preventing incitements to riot, yelling “fire” in acrowded theater, or committing acts of treason?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewOther timesWhat about classifying people in legitimate ways?Can the government do whatever it wants in those cases?What about making people wear badges or requiring theywalk on different sides of the street?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewOther timesWhat about classifying people in legitimate ways?Can the government do whatever it wants in those cases?What about making people wear badges or requiring theywalk on different sides of the street?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewOther timesWhat about classifying people in legitimate ways?Can the government do whatever it wants in those cases?What about making people wear badges or requiring theywalk on different sides of the street?Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewArgument in PlessyJustice Brown[This decision] will also authorize [states] to require separatecars to be provided for people whose hair is of a certain color,or who are aliens, or who belong to certain nationalities, or toenact laws requiring colored to people to walk upon one side ofthe street and white people upon the other... The reply to allthis is that every exercise of the police power must bereasonable, and extend only to such laws as are enacted ingood faith for the promotion for the public good, and not for theannoyance or oppression of a particular class.Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewRational Basis ReviewDoes thestatutepursue alegitimatestateinterest?Does itpursuethatinterest inareasonablemanner?Overturnthe statuteUphold thestatute.noyesnoyesKevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewSomething elseBut in United States v. Carolene Products Company(1938), something else was suggested.The case was about shipping milk, where a law wasupheld on the basis of rational review.But in a very famous footnote, Justice Stone suggestedsometimes the court might do something else.Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewSomething elseBut in United States v. Carolene Products Company(1938), something else was suggested.The case was about shipping milk, where a law wasupheld on the basis of rational review.But in a very famous footnote, Justice Stone suggestedsometimes the court might do something else.Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewSomething elseBut in United States v. Carolene Products Company(1938), something else was suggested.The case was about shipping milk, where a law wasupheld on the basis of rational review.But in a very famous footnote, Justice Stone suggestedsometimes the court might do something else.Kevin J.S. Zollman Strict Scurtiny and ReedSuspect ClassificationReedMotivationTwo types of reviewFootnote 4Justice StoneIt is unnecessary to consider now whether legislation which restrictsthose political