Constitutional Due Process Rights: City of Cleburne v. Cleburne Independent Living Center

Discussion Questions for City of Cleburne v. Cleburne Living Center

1.     What is your understanding of the different levels of scrutiny that the Court affords to different classes of people? Do you agree or disagree that these designations are needed? Do you agree or disagree with the actual designation that the Supreme Court has applied to different classes of people?

2.     If you disagree with the Supreme Courts differentiation between the classes of people, how would you create a system to evaluate laws that discriminate against specific classes of people? Where would people with disabilities fall into your evaluation of the laws?

3.      What is the Supreme Courts conclusion about the Texass law that denied a special use permit to the operation of the group home? Do you agree or disagree and why?

4.     Does the Supreme Courts conclusion about the Texas ordinance make sense in light of the Courts decision not to find people with disabilities a suspect or quasi-suspect classification?