Slightly different facts for this question:

After Sue learns about the proposed building project, she receives notice that there's going to be a public hearing to determine the requirements for who may enter a bid. Sue puts the hearing on her calendar and shows up at the appointed date and time, only to find the hearing has been cancelled and Bill has been awarded the contract.

What rights of Sue's have been violated under these facts?

1. Her rights under the Bill of Rights.

2. Her fundamental rights.

3.Her procedural due process rights.

1. One last change to the fact pattern:
2. The hearing happens at the appointed date and time and Sue attends. After hearing the concerns of various attendees, including Sue, the state building commissioner explains that because of the size of the project, only firms who employ an architect, an engineer, and construction manager may enter a bid. This requirement is in place to protect the health, safety and well-being of the community members for whom the building is being built.

Which of the following statements is true:

1. If Sue sues on a theory that her fundamental rights were violated, she will prevail because the state's action can't survive strict scrutiny review.

2. If Sue sues on a theory that her constitutional rights were violated, she will prevail because the state's action can't survive strict scrutiny review.

3. If Sue sues on a theory that she has suffered gender discrimination, she will prevail because the state's action will have to survive intermediate review.

4. Regardless of what theory Sue sues under, if the state can show that its actions are being taken in the interest of the health, safety and general welfare of the community, it will prevail.