AL Bar Practice Questions - Alabama Bar Examination Exam

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A state university denies admission to an applicant based explicitly on race as part of a program intended to remedy past societal discrimination. Under the Equal Protection Clause, what standard of review applies and what is the likely result?

Strict scrutiny; the racial classification is presumptively invalid and likely fails absent a compelling, narrowly tailored justification Rational basis review; the program is valid Intermediate scrutiny; the program is valid if substantially related to an important interest No review, because universities have unlimited admissions discretion

Correct Answer:

Strict scrutiny; the racial classification is presumptively invalid and likely fails absent a compelling, narrowly tailored justification

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