Judgment Search Results Home > Cases Phrase: equal protection Court: us supreme court Page 14 of about 35,257 results (0.075 seconds)

Vieth Vs. Jubelirer

Court : US Supreme Court

..... in those cases, the court has examined claims that redistricting schemes violate the equal protection guarantee where they are so highly irregular on their face that they rationally cannot be understood as anything other than an effort to segregate ..... not foreclosed by the bandemer plurality s rejection of a statewide claim of political gerrymandering; and (3) that she has stated a claim that, at least with respect to district 6, pennsylvania s redistricting plan violates the equal protection principles enunciated in our voting rights cases both before and after bandemer . ..... [ footnote 19 ] in shaw i we held that a plaintiff challenging a reapportionment statute under the equal protection clause may state a claim by alleging that the legislation, though race neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different ..... discriminate on the basis of race receives the strictest scrutiny under the equal protection clause, while a similar purpose to discriminate on the basis of politics ..... though in the briefs and at argument the appellants relied on the equal protection clause as the source of their substantive right and as the basis for relief, i note that the complaint in this case also alleged ..... gerrymandering cases, however, the court shifted its focus from statewide challenges and required, as a matter of standing, that plaintiffs stating race-based equal protection claims actually reside in the districts they are challenging. .....

League of United LatIn American Citizens Vs. Perry

Court : US Supreme Court

..... court s conclusion that the relative smoothness of the district lines made the district compact, despite this combining of discrete communities of interest, is inapposite because the court analyzed the issue only in the equal protection context, where compactness focuses on the contours of district lines to determine whether race was the predominant factor in drawing those lines. ..... (b) appellants claim unpersuasively that a decision to effect mid-decennial redistricting, when solely motivated by partisan objectives, presumptively violates equal protection and the first amendment because it serves no legitimate public purpose and burdens one group because of its political opinions and ..... majority faults the district court for discussing the relative smoothness of the district lines, because that is only pertinent in the equal protection context, ante , at 24, but it was only in the equal protection context that the district court mentioned the relative smoothness of district lines . ..... a decision, they claim, to effect mid-decennial redistricting, when solely motivated by partisan objectives, violates equal protection and the first amendment because it serves no legitimate public purpose and burdens one group because of its political opinions and ..... true shaw ii applied this analysis in the context of a state s using compliance with 2 as a defense to an equal protection challenge, but the holding was clear: a state cannot remedy a 2 violation through the creation of a noncompact district. .....

Parents Involved in Community Schools Vs. Seattle School Dist. No. 1

Court : US Supreme Court

..... the districts here invoke the ultimate goal of those who filed brown and subsequent cases to support their argument, but the argument of the plaintiff in brown was that the equal protection clause prevents states from according differential treatment to american children on the basis of their color or race, and that view prevailed this court ruled in its remedial opinion that brown required school districts to achieve a ..... accepting racial balancing as a compelling state interest would justify the imposition of racial proportionality throughout american society, contrary to our repeated recognition that [a]t the heart of the constitution s guarantee of equal protection lies the simple command that the government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class. ..... parents involved commenced this suit in the western district of washington, alleging that seattle s use of race in assignments violated the equal protection clause of the fourteenth amendment,[ footnote 4 ] title vi of the civil rights act of 1964,[ footnote 5 ] and the washington civil rights act. ..... before this court for the plaintiffs in brown put it: we have one fundamental contention which we will seek to develop in the course of this argument, and that contention is that no state has any authority under the equal-protection clause of the fourteenth amendment to use race as a factor in affording educational opportunities among its citizens. tr. .....

Engquist Vs. Oregon Dept. of Agriculture

Court : US Supreme Court

..... decided june 9, 2008 petitioner engquist, an oregon public employee, filed suit against respondents her agency, her supervisor, and a co-worker asserting, inter alia, claims under the equal protection clause: she alleged she had been discriminated against based on her race, sex, and national origin, and she also brought a so-called class-of-one claim, alleging that she ..... the village had discriminated against her based on membership in an identifiable class, we held that her complaint stated a valid claim under the equal protection clause because it alleged that she had been intentionally treated differently from others similarly situated and that there is no rational basis for the difference ..... that a supervisor might not be able to explain why he terminated one employee rather than another will not give rise to an equal protection claim so long as there was a rational basis for the termination itself and for the decision to terminate just one, rather ..... was arbitrary because unsupported by any conceivable rational basis should suffice to establish a violation of the equal protection clause without requiring its victim also to prove that the tyrant was motivated by a particular variety ..... its recognition of that theory, however, was not so much a departure from the principle that the equal protection clause is concerned with arbitrary government classification, as it was an application of that principle to the facts in that case: the government singled olech out with regard to its .....

Mcdonald Vs. Chicago

Court : US Supreme Court

..... [i]f the objection is that the text of the [due process] clause warrants providing only protections of process rather than protections of substance, it is striking that even those justices who are most theoretically opposed to substantive due process, like scalia and rehnquist, are also nonetheless enthusiastic about applying the equal protection component of the due process clause of the fifth amendment to the federal government ..... , while 1 of the fourteenth amendment contains an antidiscrimination rule, namely, the equal protection clause, municipal respondents can hardly mean that 1 does no more than prohibit ..... footnote 3 it is no secret that the desire to displace major portions of our equal protection and substantive due process jurisprudence animates some of the passion that attends this interpretive ..... 406 (2008) (finding some support in the legislative history for no fewer than four interpretations of the privileges or immunities clause, two of which contradict petitioners submission); green, the original sense of the (equal) protection clause: subsequent interpretation and application, 19 geo ..... have power to make all laws which shall be necessary and proper to secure to the citizens of each state all privileges and immunities of citizens in the several states, and to all persons in the several states equal protection in the rights of life, liberty, and property ..... , 12 (1967) (recognizing due-process- as well as equal-protection-based right to marry person of another race); bolling .....

Schuette Vs. Bamn

Court : US Supreme Court

..... lower courts held initiative 350 unconstitutional, and we affirmed, announcing in the prelude of our analysis as though it were beyond debate that the equal protection clause forbade laws that subtly distor[t] governmental processes in such a way as to place special burdens on the ability of minority groups to ..... reaffirm that the ordinary principles of our law [and] of our democratic heritage require plaintiffs alleging equal protection violations stemming from fa-cially neutral acts to prove intent and causation and not merely the existence ..... the doctrine, he says, cannot be tolerated because our precedents have rejected a reading of the guarantee of equal protection under which the level of scrutiny varies according to the ability of different groups to defend their interests in ..... the view of many, it is those precedents that have departed from the mandate of the equal protection clause in the first place, by applying strict scrutiny to actions designed to benefit rather than ..... davis rule, the plurality opinion leaves ajar an effects-test escape hatch modeled after hunter and seattle, suggesting that state action denies equal protection when it ha[s] the serious risk, if not purpose, of causing specific injuries on account of race, or is either designed to ..... of race-based-admissions cases as a given, i find the question presented only slightly less strange: does the equal protection clause forbid a state from banning a practice that the clause barely and only provisionally permits? .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... problem with the relation of two classes to each other one of individuals possessing the definite trait and the other of individuals tainted by the mischief at which the law aims said to be, 'the first comprehensive analysis of the equal protection clause' may be applicable while considering the scope of article 14 but once the constitution makers treated employment in services separately by creating fundamental right in favour of all citizens in pursuance of the ideal of preamble to secure to all ..... university of california at davis for two consecutive years, instituted an action for declaratory and injunctive relief against the regents of the university in the superior court of yolo county, california alleging the invalidity under the equal protection clause of the fourteenth amendment, a provision of the california constitution, and the prescription in racial discrimination in any programme receiving federal financial assistance of the medical school's special admissions programme. ..... , said the learned judge, prior decisions of the court strongly suggest that title vi does not prohibit the remedial use of race where such action is constitutionally permissible.dealing with the equal protection clause in the fourteenth amendment, the learned judge observed:the assertion of human equality is closely associated with the proposition that differences in colour or creed, birth or status, are neither significant nor relevant to the way in which person should be treated. .....

indra Sawhney and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321

..... the university of california at davis for two consecutive years, instituted an action for declaratory and injunctive relief against the regents of the university in the superior court of yolo county, california alleging the invalidity under the equal protection clause of the fourteenth amendment, a provision of the california constitution, and the proscription in racial discrimination in any programme receiving federal financial assistance of the medical school's special admissions programme ..... the frail and emaciated section of the people living in poverty, rearing in obscurity, possessing no wealth or influence, having no education, much less higher education and suffering from social repression and oppression should not be denied of equality before the law and equal protection of the laws and equal opportunity in the matters of public employment or subjected to any prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.4. ..... . these two articles are facets of equality specially guaranteed to citizens, while article 14 prohibits the state from denying to any person equality before the law or the equal protection of the ..... ors. : (1976)illj376sc , article 14 prohibits the state from denying to any person within the territory of india equality before the law or the equal protection of the .....

National Legal Ser.Auth. Vs. Union of India and ors.

Court : Supreme Court of India

..... that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our constitution, and hence we are inclined to give various directions to safeguard the constitutional rights of the members of the tg community. ..... non-recognition of the identity of hijras, a tg community, as a third gender, denies them the right of equality before the law and equal protection of law guaranteed under article 14 of the constitution and violates the rights guaranteed to them under article 21 of the ..... or gender identity includes any distinction, exclusion, restriction or preference based on sexual orientation or gender identity which has the purpose or effect of nullifying or impairing equality before the law or the equal protection of the law, or the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms. ..... equal protection and hence a positive obligation on the state to ensure equal protection of laws by bringing in necessary social and economic changes, so that everyone including tgs may enjoy equal protection of laws and nobody is denied such protection. ..... non-recognition of the identity of hijras/transgender persons denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... in the pre-1974 era, the judgments of this court did refer to the rule of law or positive aspect of article 14, the concomitant of which is that if an action is found to be arbitrary and, therefore, unreasonable, it would negate the equal protection of the law contained in article 14 and would be struck down on this ground. in s.g. ..... deoman upadhyaya, (1961) 1 scr14at 34 further went on to state that whereas equality before law is a negative concept, the equal protection of the law has positive content. ..... article 14 requires the state to ensure equality before the law and equal protection of the laws, within the territory of india. ..... in other words, say, if an enactment is challenged as violative of article 14, it can be struck down only if it is found that it is violative of the equality clause/equal protection clause enshrined therein. ..... therefore, this court interpreted that equal protection guaranteed by articles 14, 15(1) and 16(1) is required to operate consistently with articles 15(4), 16(4), 38, 39, 46 and 335 of the constitution, vide per majority in [1992 supp (3) scc217 known as mandal case [1992 supp (3) scc217. ..... the concepts of equality before law and equal protection of the laws guaranteed by article 14 and its species articles 15(4) and 16(4) aim at establishing social and economic justice in political democracy to all sections of society, to eliminate inequalities in status and to provide facilities and opportunities not only .....