rehnquist craig v boren

The case involved two sections of an Oklahoma statute regulating the sale of beer with an alcohol content of 3.2 percent, about half the level found in ordinary beer. All Rights Reserved. Relying heavily on statistical evidence, the state argued that more males than females between the ages of eighteen and twenty-one were arrested for drunk driving and were injured or killed in traffic accidents. Under the terms of the licence agreement, an individual user may print out a PDF of a single entry from a reference work in OR for personal use (for details see Privacy Policy and Legal Notice). In fact-as various concurring and dissenting opinions stated explicitly-the Craig standard was something quite new. CRAIG v. BOREN(1976) No. Oklahoma law prohibited the sale of “nonintoxicating” 3.2 percent beer to males under the age of 21. The state has statistics that, if valid, tend to show that more males in the 18-20 range than females in the 18-20 range are arrested for drunk driving. Although the classification in this case was not totally irrational, it was hard for him to believe that traffic safety was the state’s true objective. Instead, it focused on the argument that the Oklahoma statute reflected outdated stereotypes about the differences between men and women. In sum, “the relationship between gender and traffic safety becomes far too tenuous to satisfy Reed’s requirement that the gender-based difference be substantially related to achievement of the statutory objective.”. Some stated it explicitly. Boren was the Governor of Oklahoma at the time and was simply sued in that official capacity, since only the law was being challenged. Justice John Paul Stevens concurred but suggested that rather than three differing degrees of equal protection scrutiny the Court should apply the rule that states must govern impartially. (And the Court did not comment on the unfairness of allowing beer to be purchased by the .18 percent of young women who get arrested, the same logic applies.) Equal Protection Clause that it is entitled to special judicial protection” (Rehnquist, Craig v. Boren). 7:357 Ginsburg is notable among this group for her open and transpar- Surveying the plethora of concurring and dissenting opinions in Craig and other contemporaneous equal protection cases, one commentator wrote, “Surely we are near the point of maximum incoherence of equal protection doctrine.” Another faulted the Court for failing “to articulate a decisionmaking process capable of consistent application.”. Oklahoma defended the statute as a prophylactic against drunk driving, offering statistics showing that arrests of males 18–20 out-numbered those of females of similar age by a factor of ten for “drunk” driving (2 percent vs‥18 percent), by a factor of eighteen for “driving under the influence,” and by a factor of ten for public drunkenness. Males could not purchase beer until age 21. “ [In] Craig v. Boren [we] said that was the standard,” Chief Justice William H. Rehnquist interjected. Washington, D.C. 20003 |, Hughes-Gossett Award for Best Journal Article, Previously Held Erwin Griswold Prizes 1999 – 2018, RESOLUTION BY THE SUPREME COURT HISTORICAL SOCIETY IN HONOR OF DAVID T. 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Virginia, 518 U.S. 515 (1996), The Challenge of Selecting an Ideal Supreme Court Nominee Government Lesson Plan, Nominating Federal Judges Lesson Plan AP US Government & Politics, Interest Groups and the United States Supreme Court, Supreme Court Decisions & Women’s Rights – Milestones to Equality. David Boren was the defendant, who was governor of Oklahoma at the time the case was filed. Even the most persuasive of the statistical surveys showed only that .18 percent of females and 2 percent of males in the eighteen-to-twenty age group had been arrested for alcohol-related driving offenses. But he also argued that the legislative distinction was based “solely upon the . [1] Return to Supreme Court Decisions & Women’s Rights – Milestones to Equality. Rehnquist and Kavanaugh’s objections to women’s constitutional rights Among the cases that Kavanaugh likely read during his first year of law school was the landmark 1976 Craig v. Boren case, in which the Supreme Court recognized for the first time that the 14th Amendment’s Equal Protection Clause required heightened Estelle v. Gamble, 429 U. S. 97, 429 U. S. 104 (1976). Rehnquist first assailed the idea that men, as a class, were entitled to any form of heightened scrutiny. Which reading of statistics is better? 4 An amicus brief by ACLU Board member Dorothy Kenyon in the 1961 case of Hoyt v. Florida, 368 75-628 Argued: October 5, 1976 Decided: December 20, 1976. 1. Shortly after the legislature’s action, a twenty-year-old freshman at Oklahoma State University named Mark Walker decided to challenge the beer statute in federal court as a denial of equal protection. The cat was out of the bag: a new equal protection standard had been born. », 429 U.S. 190 (1976), argued 5 Oct. 1976, decided 20 Dec. 1976 by vote of 7 to 2; Brennan for the Court, Blackmun, Powell, Stevens, and Stewart (as to result) concurring, Burger and Rehnquist in dissent. (The period 1971–1976 coincided with a nearly successful effort at the congressional and state level to add an Equal Rights Amendment to the Constitution.). In order to circumvent that problem, an eighteen-year-old male, Curtis Craig, joined the case as a third co-plaintiff. Vendors like Whitener had been “uniformly permitted to resist efforts at restricting their operations by acting as advocates of the rights of third parties who seek access to their market or function,” he said. At this point Ruth Bader Ginsburg, who as counsel to the Women’s Rights Project at the ACLU had already been in correspondence with Gilbert, stepped in to offer assistance. It has been cited routinely in constitutional sex discrimination cases ever since. At oral argument in the Supreme Court, however, it seemed that the Court might never reach the question of discrimination because of the threshold issue of standing. There was no precedent, he argued, that would allow Carolyn Whitener, “a saloonkeeper,” to assert the constitutional rights of her customers. The district court upheld the statute and Craig appealed to the Supreme Court of the United States. While the state’s evidence certainly was not airtight (not least because much of the data related to a period after the statute was passed), it was sufficient to prove the state’s rationality. Justice William J. Brennan delivered the opinion of the Court in which he was joined by justices White, Marshall, Powell and Stevens (Justice Blackmun joined all but one part of the opinion, and Blackmun, Powell, Stevens, and Stewart wrote concurrences). But the brief did seize upon one phrase in the Supreme Court’s decision the year before in Stanton v. Stanton, which had struck down an Idaho age-of-majority statute on the ground that it discriminated on the basis of sex. For females, the age is 18, but for males, the age is 21. . Turn on desktop notifications? Brennan’s opinion was joined by four other justices, but the case nevertheless spawned a multiplicity of opinions: in addition to the majority opinion, there were several concurrences and two dissents. 1029, 1034-1035, 31 L.Ed.2d 349 (1972). By the time the case was argued at the Supreme Court, both men had turned 21, so the woman's standing proved decisive. Curtis Craig, a male then between the ages of 18 and 21, and Carolyn Whitener, a licensed vendor challenged the law as discriminatory. As for the Twenty-first Amendment, it was primarily aimed at interstate commerce in alcohol, not at individual rights: “[T]he Court has never recognized sufficient ‘strength’ in the Amendment to defeat an otherwise established claim of invidious discrimination in violation of the Equal Protection Clause.”. View Craig v Boren .docx from SOL 101 at San Beda College Mendiola. Games Movies TV Video. open Justice John Paul Stevens's famous concurring opinion in Craig v. Boren. Like Mark Walker before him, Curtis Craig had now turned twenty-one-a mere ten days before the October 5, 1976, oral argument-and could no longer claim to be a victim of the statute’s discrimination. The judgment and the opinion of the Court in No. And Rehnquist argued against applying the equal protection clause to protect women from disparate treatment (Craig v. Boren, 1976; Michael M. v. … constitutionally impermissible and inherently suspect classification of . But it was Ginsburg who announced the opinion from the bench on June 26, 1996. Citation22 Ill.429 U.S. 1124, 97 S. Ct. 1161, 51 L. Ed. '” It was unfair to punish the 98 percent of the young men who did not get arrested for the sins of the 2 percent who did. The three-judge panel ruled unanimously in favor of the state. Justice Harry Blackmun concurred in the result and in all of the opinion except the discussion of the Twenty-first Amendment. The case it chose as its vehicle was surprising. Wikis. 75-628 Reporter 429 U.S. 190 *; 97 S. Ct. 451 **; 50 L. Ed. Justice Ruth Bader Ginsburg, who as a litigator had been the prime champion of strict scrutiny for gender classifications, remained silent during this exchange. But Gilbert also put forward a novel argument for heightened (or increased) scrutiny: if the only reason sex had not been treated with stricter scrutiny was because of “organic differences” between the sexes, then why not apply strict scrutiny in cases like this one, where the discrimination had nothing to do with those biological differences? Gilbert successfully appealed that decision to the circuit court and brought the case before a three-judge district court. In his opinion for the Court, William J. Brennan Jr. swept aside both sets of doubts. But most courts that cited Royster Guano-including the district court in Craig-did so in the course of denying, rather than allowing, an equal protection claim. The intermediate, or middle-tier, test was a compromise, and-as often happens with compromises-it left many dissatisfied. In any event, the state’s traffic safety justification was seriously undercut by the fact that the statute barred young men from purchasing 3.2 percent beer but not from consuming it. Case summary for Craig v. Boren: Craig, an Oklahoma liquor vendor challenged the constitutionality of an Oklahoma statute which prohibited the sale of “nonintoxicating” 3.2 percent beer to males under the age of 21. It was a phrase that had also been mentioned by the district court and by Gilbert in his jurisdictional statement: the statute must fall, Justice Blackmun had written for the Court in Stanton, “under any test-compelling state interest, or rational basis, or something in between.” The idea of “something in between” had also been bandied about by a number of legal commentators, who argued that the Court was in effect using an intermediate standard in gender discrimination cases. The Court announced for the first time that sex-based classifications were subjected to stricter scrutiny under the Equal Protection Clause of the Fourteenth Amendment than was provided by the rational basis or “ordinary scrutiny” test. 358. Audio Transcription for Opinion Announcement – December 20, 1976 in Craig v. Boren Warren E. Burger: Thank you Mr. Justice Rehnquist. The Court held that the statute in question clearly commanded "dissimilar treatment for men and women who are similarly situated," violating the Due Process Clause and the equal protection requirements that clause implied. Facts: A Oklahoma statute provides for a minimum age to purchase 3.5% beer differently for males than for females. “Delighted to see the Supreme Court is interested in beer drinkers,” she wrote to Gilbert after the Supreme Court agreed in January 1976 to hear the case. 2d 574 (1977) Brief Fact Summary. Craig v. Boren, 429 U.S. at 429 U. S. 194. Craig v. Boren, 429 U.S. 190 (1976), was the first case in which a majority of the United States Supreme Court determined that statutory or administrative sex classifications were subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause. Although the Court acknowledges that § 261.5 on its face discriminates on the basis of sex, it concludes that the stat-utory discrimination, rather than being invidious, actually ensures equality of treatment. The Court had not suggested that the men in this case were the victims of “a history or pattern of past discrimination,” and therefore in need of special protection from the Court. Rehnquist is correct that those who are driving drunk are more likely to be men. Intermediate scrutiny is distinguished from strict scrutiny at both the objective and means levels. Also significant was Brennan’s use of the words “important” and “substantially related,” rather than “legitimate” and “rationally related,” without any tempering by a phrase such as “not arbitrary.” And when it came to applying the standard, the Court’s analysis was clearly more searching than traditional rational basis review. Your current browser may not support copying via this button. tiny mandated by Craig v. Boren, 429 U. S. 190 (1976). Accepting for purposes of discussion that the state’s objective was the clearly important one of traffic safety, the Court went on to subject the state’s statistical evidence to rigorous examination. Get breaking news alerts from The Washington Post . Another issue that troubled the justices was the relationship between the Fourteenth Amendment’s Equal Protection Clause and the Twenty-first Amendment’s guarantee of state regulation of liquor: could the Twenty-first Amendment override the equal protection guarantees of the Fourteenth? The Court announced for the first time that sex-based classifications were subjected to stricter scrutiny under the Equal Protection Clause of the Fourteenth Amendment than was … Twenty years later, a case surrounding the Virginia Military Institute (VMI) reached the Supreme Court. Yes. Rehnquist went on to accuse the majority of formulating its new equal protection standard “out of thin air.” Its wording, he argued, was so vague as to invite judges to insert their own subjective views into the decision-making process: “How is this Court to divine what objectives are important? 2 . Also, explaining that the Twenty-first Amendment did not alter otherwise applicable equal protection standards, he rejected the state's argument that the extra legislative power secured by that amendment should cause this statute to be sustained. An Oklahoma law prohibited the sale of "nonintoxicating" 3.2 percent beer to males under the age of 21 and to females under the age of 18. Craig v. Boren Supreme Court of the United States Argued October 5, 1976 ; December 20, 1976 No. Most of these opinions at least implied that the Court had crafted a new, intermediate equal protection standard for gender discrimination cases. “We conclude,” the court wrote, “that the classification made has a fair and substantial relation to apparent objectives of the legislation.”. 3 See, e.g., Brief for American Civil Liberties Union as Amicus Curiae, Supporting Appellants at 13, Craig v. Boren, 429 U.S. 190 (1976), 1976 WL 181333 (1976). If Brennan had hoped to pass off the Craig v. Boren test as simply a reiteration of existing precedent, his effort was a dismal failure. As numerous commentators and lower courts observed, the Court had clearly been treating gender differently from other “non-suspect” classifications such as citizenship or income, which Brennan’s linkage of his standard to “classifications by gender” seemed to acknowledge. Women were allowed to purchase such beer at age eighteen, but men were barred from doing so until they turned twenty-one. Most likely, Stevens concluded, the statute was simply the product of stereotypical assumptions about the relative maturity of young men and women. A The Eighth Amendment's proscription of cruel and unusual punishments is violated by "deliberate indifference to serious . (Neither men nor women could purchase harder liquor until they were twenty-one.) Justice Lewis Powell concurred but stated that he would have preferred a rule that said gender classifications must bear a “fair and substantial relation” to the object of legislation. in  III. Unsurprisingly, Rehnquist dissented strongly in Craig v. Boren once the Supreme Court recognized heightened protections in the constitution against sex discrimination. Furthermore, the victims of the discrimination were not women, but men. Stewart was the only member of the Court who believed that the statute was unconstitutional because it was totally irrational. There is thus no danger of interminable dilution of those rights if appellant Whitener is not permitted to litigate them here. How is it to. ... Judge William Rehnquist (J. Rehnquist). Justice William H. Rehnquist’s dissent was lengthier and more vehement. But women could buy the light beer at the age of 18. Several justices seemed skeptical of Whitener’s ability to assert the equal protection claims of eighteen-to-twenty-year-old males. Craig v. Boren  Brennan claimed that (although the Court had never before mentioned it) this was the test that had applied to gender discrimination ever since Reed v. Reed (1971). Rather, the question is whether the gender-based classification is itself substantially related to the achievement of the asserted governmental interest. This standard, Brennan seemed to be saying, was nothing new. . 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