Faced with more limited energy resources, droughts from climate change, and the environmental impact of population growth, the federal government enacted a law that prohibited any person from having a child without a license. In order to apply for a license, potential parents had to submit to a DNA test and also engage in a length application process to determine whether sufficient resources would be available for the potential child. Deborah applied for a license, but was denied. Deborah has now filed a lawsuit in federal court seeking a declaration that the licensing law is unconstitutional. How should the Court rule? A. For Deborah because the law violates Debroah's right to Equal Protection clause because it limits pregnancy, which is only women can do.

B. For Deborah because the law violates Deborah's right to due process because parenting is right so fundamental that it cannot be infringed even though it is not specifically addressed in the Constitution.

C. For the US because the right to become a parent is not specifically enumerated in the constitution.

D. For the US because the government provided sufficient due process through the application process before depriving her of a right. 21.

Matt applied to the orchestra at a public university in State A, but was not accepted. Matt is Caucasian. 50% of the members of the orchestra are Asian-American, even though Asian Americans only make up 10% of State A's population. Matt has filed a lawsuit against the university arguing that his equal protection rights were violated because the proportion of Asian Americans in the university is so much higher than the State's general population. The university has filed a motion to dismiss alleging that Matt has not shown a proper basis for a claim of equal protection based on race. How should the Court rule? A. For Matt because circumstantial evidence indicates that law passed with discriminatory purpose.

B. For Matt because the University cannot show that the disproportionate selection of Asian Americans is narrowly tailored to achieve a compelling government interest.

C. For the University because it has a rational basis to consider race as a factor in selecting applicants to the orchestra.

D. For the University because Matt has failed to make the necessary showing to establish purposeful discrimination on the basis of race. 22. State X enacted a law that denied a pharmacist license to any person who had been treated for drug addiction in the past. Betty had been treated for drug addiction as a teenager, but has been sober for the last 10 years. After Betty was denied a pharmacist license based on the law, Betty challenged the constitutionality of the law in court, arguing that the law violated her right to Equal Protection. Betty presented credible evidence that persons who have been sober for more than two years, especially where the drug use occurred before the person was an adult, are less likely to abuse drugs than a person who had never sought treatment for addiction. How should the Court rule on Betty's constitutional challenge? A. For Betty because the government cannot show that the law is narrowly tailored to further a compelling government interest.

B. For Betty because she has presented sufficient evidence to challenge the state's assumption that previous addiction leads to misuse of pharmaceuticals.

C. For the State because it is not irrational for the state to believe that persons previously addicted to drugs present a greater danger of misuing pharmaceuticals than those who had not been treated for drug addition in the past.

D. For the State because Betty has not set forth sufficient evidence of discriminatory intent.

23. Mr. Greene was elected as the first African American mayor of City X. He has decided to hold his swearing in ceremony at his family's church, which is a majority black church in the city. Ms. Smith is a white resident of City X who objects to holding the government ceremony at a religious site. Ms. Smith has filed a lawsuit in federal court claiming that the mayor's planned ceremony is unconstitutional. How should the court rule? A. For Mr. Greene if Mr. Greene can sufficiently establish that past mayors have historically held similar ceremonies in churches or similar religious locations.

B. For Mr. Greene so long as Mr. Greene's prepared remarks are neutral as to religion.

C. For Ms. Smith because Mr. Greene cannot prove that holding the ceremony is necessary to further a compelling government interest.

D. For Ms. Smith because holding the ceremony at a church fosters an excessive government entanglement in religion.

24. The White Nationalist Fan Club (WNFC) is an organization bringing together like-minded individuals who believe that the United States was formed as a white nation and that promotion of the white race is essential for the future of the country. Bert is an African American who disagrees with the principle of white nationalism. He believes that morality and the Constitution support the ideal of a racially diverse and harmonious country. Bert has applied to join the WNFC, but his application was denied. Bert has now filed a lawsuit seeking a court order compelling the WNFC to admit him. Bert has relied on a state statute that prohibits discrimination in any club with more than 15 members on the basis of race. The WNFC has claimed that being compelled to accept Bert as a member violates its First Amendment rights. How should the court rule? A. For Bert because preventing discrimination by private individuals is a compelling governmental interest.

B. For Bert because addressing discrimination is one of the traditional roles of state government.

C. For WNFC because the equal protection clause does not apply to private clubs.

D. For WNFC because the forced inclusion of Bert as a member would significantly affect WNFC's advocacy of white nationalism. 25.

Ninety percent of the high school students in State X attend public schools. The other 10% attend private schools, some of which are religious and some of which are not. The Andersen Academy is a Christian-based private school. 60% of the funding for the school comes from the state government through a system of vouchers, which allow any student to use funds to attend any school of their choice. The State does not dictate any aspect of the curriculum, but does require that the teachers be certified instructors. Margaret was denied admission to the Anderson Academy based on the fact that she is Jewish. Margaret has sued the school as violating her fourteenth Amendment constitutional rights. Which is the State's best defense?

A. The ministerial exception prevents enforcement of the Equal Protection clause against the Anderson Academy.

B. It had a right to reject individuals who oppose its views under its right to freedom of association.

C. Education is not an exclusive government function

D. The school's religious criteria for students is substantially related to an important interest in promoting religious freedom.