Sunday, March 25, 2012

Cleburne v. Cleburne case brief

 Cleburne v. Cleburne (1985)
  • City council denied zoning permit to group home for the mentally disabled
  • Court evaluates based on:
    • History of discrimination
    • Political powerlessness of group
    • Immutability of characteristic/no relation to ability to perform
  • Classification does not warrant heightened scrutiny, but Court strikes down zoning law anyway b/c based on “irrational prejudice” of mentally disabled [ANIMUS]
  • RR+? – Court looks to actual interest and will not accept just any hypothetical reason

No comments:

Post a Comment

Full Outline of The Mountain Is You by Brianna Wiest

  The Mountain Is You by Brianna Wiest The Mountain Is You by Brianna Wiest is a transformative self-help book that delves into self-sabo...