Another Arlington Heights question

[Chris Shortell]

  Hi Earl,

Evan Gerstmann and I have a forthcoming article where we argue that 
strict scrutiny, including the standard for invoking the test, is not 
uniform across issue areas.  We argue that, much like the First 
Amendment, the Court applies different standards in different issue 
areas including racial redistricting, remedial affirmative action, and 
diversity-based affirmative action.  One of the points we make is that 
the Court imposes a standard in racial redistricting cases that makes it 
less likely the Court will use strict scrutiny than the traditional 
Arlington Heights standard, which is really only applied in remedial 
affirmative action cases.  Here is a link to the article if you are 
interested: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356268

Best,
Chris

On 7/14/2010 4:44 AM, Earl Maltz wrote:
> I think that it is pretty clear that the standard for invoking strict 
> scrutiny in the racial districting cases (Miller v. Johnson et 
> al.)--"race is the predominant factor"--is far more stringent than the 
> Arlington Heights standard generally--"race is a factor."  I would 
> appreciate it if someone can point me to authorities that make this 
> point explicitly (other than the opinions of Thomas et. al. in the 
> redistricting cases themselves).  Off list replies are fine.
>
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-- 
Chris Shortell
Assistant Professor
Division of Political Science
Mark O. Hatfield School of Government
Portland State University

Phone: 503-725-5139
Fax: 503-725-8444
shortell at pdx.edu