Animus by William D. Araiza

Author:William D. Araiza
Language: eng
Format: epub
Tags: LAW000000 Law / General
Publisher: NYU Press

8

The Doctrinal Uniqueness of Animus

Absent searching judicial inquiry into the justification for . . . race-based measures, there is simply no way of determining what classifications are “benign” . . . and what classifications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics. Indeed, the purpose of strict scrutiny is to “smoke out” illegitimate uses of race.

—City of Richmond v. J. A. Croson Co. (1989)

The short of it is that requiring the permit in this case appears to us to rest on an irrational prejudice against the mentally retarded.

—City of Cleburne v. Cleburne Living Center (1985)

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.