Question

Valencia secures a good grade with a 4.0 GPA in her admission test. However, she is denied admission by a community college. She files a suit stating that she was discriminated against on the basis of race. She claims that she was rejected because the college used race as an important factor, giving applicants belonging to minority groups a greater chance for admission than students with similar credentials belonging to disfavored racial groups. In deciding this case using the equal protection clause, which of the following approaches is most likely to be used by courts?
a. the minimum rationality approach
b. the strict scrutiny approach
c. the maximum rationality approach
d. the intermediate scrutiny approach
e. the quasi-scrutiny approach

Answer 1

Answer:

b. the strict scrutiny approach

Explanation:

The strict scrutiny approach is the highest standard of judicial review, whereby the court evaluate the constitutionality of governmental discrimination. The supreme court have a group of rights that require high degree of protection from government discrimination, for example the right to go to school. Strict scrutiny are usually passed on laws that are encroaching on an individual's fundamental rights.

Answer 2

Answer:

b. the strict scrutiny approach

Explanation:

The approach by the court is most likely the strict scrutiny approach. The strict scrutiny approach is used in cases involving classification based on legitimacy. The claims by Valencia is based on legitimacy and as such the court is most likely to use this approach. On the other hand if the case involves classification by gender, the quasi-strict approached would have been employed by the court.