Law Question

By this point in the semester, you’ve read cases examining discrimination in the contexts of religion, race, and sex. The Supreme Court has yet to decide a case about constitutional protection relating to discrimination on the basis of gender (the Court decided Bostock v. Clayton County which dealt with gender discrimination, but the context was different, and the Court did not establish a constitutional test).

Based on the cases we studied, write an analysis of approximately one page proposing a test for gender discrimination. Support your analysis ONLY with the cases we studied and discuss at least two of them in your response. A portion of your analysis should also describe any potential weaknesses of your approach.

– Marbury v. Madison

– Schenck v. United States

– Abrams v. United States

– Gitlow v. New York

– Dennis v. United States

– Brandenburg v. Ohio

– Roth v. United States

– Miller v. California

– Chaplinsky v. New Hampshire

– Cohen v. California

– Snyder v. Phelps

– United States v. O’Brien

– Texas v. Johnson

– Tinker v. Des Moines Independent Community School District

– Bethel School District No. 403 v. Fraser

– Morse v. Frederick

– Abington School District v. Schempp

– Carson v. Makin

– Lemon v. Kurtzman

– Zelman v. Simmons-Harris

– Kennedy v. Bremerton

– Edwards v. Aguillard

– Van Orden v. Perry

– Cantwell v. Connecticut

– Sherbert v. Verner

– Wisconsin v. Yoder

– Oregon v. Smith

– City of Boerne v. Flores

– New York Times Co. v. United States

– Griswold v. Connecticut

– Roe v. Wade

– Dobbs v. Jackson Women’s Health

– Gonzales v. Carhart

– Stenberg v. Carhart

– Cruzan v. Director, Missouri Department of Health

– Washington v. Glucksberg

– Vacco v. Quill

– Gonzales v. Oregon

– Scott v. Sandford (Dred Scott case)

– Plessy v. Ferguson

– Brown v. Board of Education (Brown I and II)

– Regents of the University of California v. Bakke

– Students for Fair Admissions v. President and Fellows of Harvard College

– Reed v. Reed

– Craig v. Boren

– United States v. Virginia

– Shelby County v. Holder

– Rucho v. Common Cause

– Obergefell v. Hodges

– Trump v. Hawaii