Thursday video--without transcript, with transcript. Reax Papers for Panels ## 16 and 17 due at 7 p.m. Monday. Reax Papers for panel # 18 (Gender) and the two remaining panels will be due at 9 a.m. Wednesday, December 2 (before you download your exam).
We move to Other Discrimination (Panel # 19) and Fundamental Rights (Panel # 20). This will get into questions of tiers of scrutiny beyond race (strict) and gender (intermediate) and what we have referred to as "rational basis with teeth." Consider:
• Note the common theme on these being
not to apply heightened or strict scrutiny, but to nevertheless find
laws invalid--how is the Court able to do that?
• How can sexual-orientation discrimination be characterized as
gender discrimination? Consider this on the issue of same-sex marriage.
• What rights are "fundamental" and how does that affect the equal protection analysis?
• What is the difference between a claim for a violation of fundamental right and a claim for an equal protection violation touching on a fundamental right?
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