For Monday

 Thursday video--with, without. Reax Papers for Panels ##14 and 15 both due at 7 p.m. next Thursday.

We continue with School Desegregation and the competing approaches in Parents Involved. What are the government interests and why are they not satisfied  by the programs at issue? Is there a majority for the proposition that race cannot be taken into account? How does Justice Kennedy, again, try to thread the needle?

We then move to De Jure Discrimination and Panel # 17. Again, we will skip Affirmative Action.

    * What is the difference between de jure and de facto discrimination (or disparate treatment and disparate effect)? Which does the Constitution require to find a violation?

    * How can a race-neutral law be discriminatory? What role do discriminatory effects play?

We then move to Gender Discrimination and Panel # 18. Consider:

    * Why is race discrimination subject to strict scrutiny--what is the basic logic behind rigorous scrutiny of race distinctions? What is the idea behind that? And then why is gender discrimination subject to less-rigorous scrutiny? How does "gender stereotype" play into that distinction, particularly as seen in US v. Virginia?

    * Who brought the lawsuit in Craig?

    * Note the role of leveling-up v. leveling-down in Sessions. What guides the Court in making that choice?

    * How can sexual-orientation discrimination be characterized as gender discrimination? Consider this on the issue of same-sex marriage.

If you are looking to get ahead, read through the rest of the semester. We certainly will get to Other Classifications on Thursday and may reach Fundamental Rights, as well.