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Essay On The Equality For All Act

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DISCUSSION The state of North Carolina infringed upon Joe Smith’s 14th Amendment rights. In addition to this, the state disregarded their own statute recognized as “The Equality for all Act.” North Carolina violated this statute by discriminating against Joe Smith based on his race, gender, national origin, religion, and financial means. This will be substantiated by exercising three components, strict scrutiny (race, national origin, and/or religion), intermediate scrutiny (age and/or gender), and rational basis (everything else). # 1. Strict scrutiny: A socially non-discriminating law that is implemented in a discriminatory modus operandi on the basis of race, is an infringement on the Equal Protection Clause of the 14th Amendment. …show more content…

Washington Superior Court sided with DeFunis and instructed the University of Washington Law School to admit him in the fall of 1971. The Washington Supreme Court reversed this ruling of the prior court. With this in mind, the law school had done nothing unconstitutional. In regards to, their admissions policy. In DeFunis v Odegaard, 416 U.S. 312 (1974) did the law school deny DeFunis equal protection. The simple answer would be yes, nonetheless, because he was in his last year and going to receive his degree anyway, the case was ruled moot. Supreme Court Justice Brennan dissented from this case. Under the pretense that, if DeFunis flunked out of school or became ill and could not return, he would have to go through the admissions process all over again. In addition to this, ruling the case not moot would save the court from repetitious litigation in future cases. Consequently, this would not be the last time that the University of Washington Law School would racially discriminate against an individual. See Smith v. University of Washington Law School, 392 F.3d 367 (9th Cir. 2004). In a news release, “The Washington State Office of the Attorney General” stated that, “The Smith case stems from a former UW Law School admissions policy under which the school sought to promote ethnic diversity in the student body by considering an applicant's race as one of several "plus factors" in decisions on law school admissions”. Even though, race or nationality

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