Questions for Assignment 25

1.  In Frontiero v. Richardson, why does Justice Brennan conclude that classifications based on gender should be treated the same as classifications based on race?

2.  Are there differences between discrimination based on race and discrimination based on gender that explain why the Court did not adopt Justice Brennan’s view in Craig v. Boren?

3.  What standard of review does the Court apply to gender discrimination in Craig v. Boren?

4.  Since women and not men have been the victims of invidious discrimination in the past and males and not females are discriminated against in Craig, why doesn’t the Court analyze the constitutionality of the statute using minimum rationality review?

5.  If many more young male drivers are arrested and charged with driving under the influence than young female drivers why can’t Oklahoma impose stricter standards on males to try and reduce drunk driving?

6.  Suppose the statute challenged in Craig v. Boren were challenged as a violation of the Due Process Clause.  How would the due process claim be analyzed?  How does that differ from the equal protection argument?

7.  How does the Mississippi University for Women School of Nursing justify its admissions policy in Mississippi University for Women v. Hogan?

8.  Why does the Court find the University's justification unpersuasive?

9.  Do you think male jurors would generally be more sympathetic to the male defendant in a paternity action and female jurors generally less sympathetic?  If gender is likely to influence a juror's attitude toward the guilt of the defendant, why does the Court strike down the use of peremptory challenges based on gender?

10.  Will VMI have to change its system of education to accommodate women?  If it will, why does the Court strike down its male only admissions policy?