Federal Law Flashcards

A state university uses race as one factor in admissions to achieve a diverse student body. Under Equal Protection, such a program is subject to:

Answer: Strict scrutiny, and must be narrowly tailored to serve a compelling interest in diversity

Race-conscious government action, including in university admissions, triggers strict scrutiny under the Equal Protection Clause, requiring the program to be narrowly tailored to serve a compelling governmental interest.

The Supreme Court has recognized substantive due process protection for 'fundamental rights.' Which of the following is NOT recognized as a fundamental right under this doctrine?

Answer: Right to physician-assisted suicide

In Washington v. Glucksberg, the Supreme Court held that there is no fundamental right to physician-assisted suicide under substantive due process, applying rational basis review.

When the government seeks to deprive an individual of a protected liberty or property interest, procedural due process requires:

Answer: Notice and an opportunity to be heard at a meaningful time and in a meaningful manner

Procedural due process requires, at minimum, notice and a meaningful opportunity to be heard; the precise procedures required vary based on the Mathews v. Eldridge balancing test.

Under the Administrative Procedure Act, a reviewing court must set aside agency action that is 'arbitrary and capricious.' This standard requires the agency to have:

Answer: Considered the relevant factors and provided a reasoned explanation for its decision

The arbitrary and capricious standard requires agencies to examine relevant data, consider all relevant factors, and articulate a rational connection between the facts found and the choice made.

Following Loper Bright Enterprises v. Raimondo (2024), when a federal statute is ambiguous, federal courts reviewing agency interpretations of the statute must:

Answer: Exercise independent judgment to determine the statute's best meaning

In Loper Bright (2024), the Supreme Court overruled Chevron USA v. NRDC, holding that courts must exercise their own independent judgment in interpreting ambiguous statutes rather than deferring to agency interpretations.

The Eighth Amendment's prohibition on cruel and unusual punishment bars which of the following?

Answer: The death penalty for crimes committed by individuals who were juveniles at the time of the offense

In Roper v. Simmons, the Supreme Court held that executing individuals for crimes committed when they were under 18 years old constitutes cruel and unusual punishment under the Eighth Amendment.

A plaintiff brings a civil rights action under 42 U.S.C. § 1981 against a private employer for race discrimination in contracting. Which of the following is TRUE about § 1981 compared to Title VII?

Answer: Section 1981 has no statutory cap on compensatory and punitive damages, unlike Title VII

Unlike Title VII, which caps compensatory and punitive damages based on employer size, § 1981 has no statutory cap on damages and does not require prior EEOC exhaustion.