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Season 2: Episode 3: A Discussion of Grutter v. Bollinger

Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg

Release Date: 09/15/2021

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In Season 3, Episode 5 of Notorious, we continue to discuss the ’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint.  This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg’s views and how those views intersect with those of Justice Marshall. attorneys , and discuss the history of the death penalty, as well as the cases of and , and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice...

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In Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg’s and Justice Marshall’s jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner ; Patterson Belknap Counsel ; and Patterson Belknap Associates and . Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more information about , see . For...

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In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg’s influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obstetricians and Gynecologists, National Coalition for Men v. Selective Service System, Tanzin v. Tanvir, and Dobbs v. Jackson Women’s Health Organization.

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In Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment.

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Season 2: Episode 3:  A Discussion of Grutter v. Bollinger show art Season 2: Episode 3: A Discussion of Grutter v. Bollinger

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In Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964.

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In Season 2, Episode 2 of Notorious, we discuss the case of Gonzales v. Carhart, which involved the Supreme Court’s consideration of the constitutionality of The Partial-Birth Abortion Ban Act of 2003 (“the Act”). In 2003, Congress passed and President Bush signed the Act into law. Dr. LeRoy Carhart and other physicians, who performed late term abortions, sued to stop the Act from going into effect. A federal district court agreed and ruled the Act unconstitutional.

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In Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964.

The 5-4 majority opinion decided that the law school’s admission policy complied with the Equal Protection Clause and was written by Justice O’Connor and joined in whole by Justice Ginsburg, Justice Stevens, and Justice Breyer. The Court found that the law school’s stated interest that it wanted to maintain diversity of its student body was a compelling government interest and that compelling interest withstood strict scrutiny by the Court.

Justice Ginsburg filed a concurrence, joined by Justice Breyer, agreeing in the judgment and in the overall opinion, but elaborating on Justice O’Connor’s point in reference to the timeline she expected universities and other institutions to maintain race as one of the considerations that go into the admissions process. 

Patterson Belknap attorneys Michelle Bufano, Alejandro Cruz, and Amir Badat discuss Justice Ginsburg’s impact on this case.

Related Resources:

For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider.

For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com.

For information about becoming a guest on Notorious, email Michelle Bufano.

For questions or more information about Notorious, email Jenni Dickson.

Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks.

Related People:

Michelle Bufano

Alejandro Cruz

Amir Badat