Equal rights protection clause8/10/2023 The true spirit and meaning of the amendments. The Fourteenth Amendment “is one of a series of constitutional provisions having a common purpose namely, securing to a race recently emancipated, a race that through many generations had been held in slavery, all the civil rights that the superior race enjoy. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. The evidence is sufficient for a reasonable factfinder to find that the school district was deliberately indifferent to the harassment from 2003-2006Ĭourt of Appeals Decision, available at 455 F.SECTION 1.The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases.Port Huron Area School District (6th Cir.) - Amicus Supreme Court Decision, reported at 135 S. The practical and dignity harms found impermissible in Windsor are imposed with even greater force by the state bans.The bans fail review under United States v.Sexual orientation classifications warrant heightened scrutiny, particularly in the context of legal barriers to marriage, and that the bans fail heightened scrutiny because they are not substantially related to an important governmental objective.The state marriage bans, which forbid same-sex couples from marrying within the state, and prohibit the recognition of same-sex couples' out-of-state marriages, violate equal protection.Harvard failed to articulate a sufficiently concrete and measurable interestĬourt of Appeals Decision, reported at 980 F.3d 157.Harvard failed to prove that its use of race is narrowly tailored.Policy Order 63 fails under intermediate scrutiny. Policy Order 63 violates the Equal Protection Clause.CDS’s implementation and enforcement of its dress code constitutes State action under the Equal Protection ClauseĬourt of Appeals En Banc Decision, reported at 37 F.4th 104.The School Board violated Title IX when it prohibited Adams from using the boys’ restroomsĬourt of Appeals Decision En Banc, available at 2022 WL 18003879.The School Board violated the Equal Protection clause when it prohibited Adams from using the boys’ restrooms.This Court should not grant review to consider overruling its precedents in this areaīrief as Amicus in Response to Court's Invitation.The court of appeals’ application of this Court’s precedents does not warrant further review.The lower court correctly upheld Harvard’s admissions process under this Court’s precedents.Applying intermediate scrutiny, the district court correctly found that plaintiffs were likely to succeed on their Equal Protection ClaimĬourt of Appeals Decision, reported at 47 F.4th 661.Intermediate scrutiny applies to plaintiffs’ Equal Protection Claim.If strict scrutiny were to apply to the challenged race-neutral policy, the strict-scrutiny inquiry must be adapted for this novel contextĬourt of Appeals Decision, available at 2023 WL 3590055.Fairfax County School Board (4th Cir.) - Amicus The lower court correctly upheld UNC's admissions process under this Court’s precedents.This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest.The scope of the district court’s injunction is not an abuse of discretion.The district court did not abuse its discretion by granting a preliminary injunction.Governor of the State of Alabama (11th Cir.) - Intervenor-Appellee If this court determines strict scrutiny applies, it should remand for the district court to evaluate whether the policy passes muster under that standard.Ensuring that students of all races enjoy equal educational opportunities is not a suspect purpose.School Committee of Boston (1st Cir.) - Amicus Boston Parent Coalition for Academic Excellence Corp.3293 violates the Equal Protection Clause as applied to transgender girls like B.P.J. West Virginia State Board of Education (4th Cir.) - Amicus The court of appeals correctly held that CDS’s enforcement of its student dress code is state actionĬertiorari Denied, available at 2023 WL 4163208īrief as Amicus in Response to the Court's Invitation.
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