Question
Sue is an architect who owns her own small, solo practice architecture firm. One day she sees an announcement that the state is planning to
Sue is an architect who owns her own small, solo practice architecture firm. One day she sees an announcement that the state is planning to build an arts center in downtown Morehead. The project is fairly large and the announcement specifies that only firms employing an architect, an engineer, and a construction manager may apply. Sue applies anyway and her bid comes in at exactly the same amount as Bill's. Bill's bid is accepted and Sue's is denied.
This time, Sue is suing on the grounds that the state's bidding policies violate herfundamental right to pursue a lawful profession. Under this legal theory, what will the court have to consider?
1.Whether the state's bidding policy advances a compelling government interest.
2. Whether the government's bidding policy advances an important government interest.
3. Whether the government's bidding policy is rationally related to any legitimate government interest.
- Same facts, but this time Sue's complaint is that it's unfair that the only firms that can enter bids are those employing not only an architect, but also an engineer and a construction manager.
What will the court consider here?
- Whether the bidding requirements are rationally related to any government interest.
- Whether the bidding requirements advance a compelling government interest.
- Whether the bidding requirements advance an important government interest.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started