Name: City of Cleburne v. Cleburne Living Center, Inc. — Concurrence Stevens
Author: John Paul Stevens

Quotes from City of Cleburne v. Cleburne Living Center… (John Paul Stevens)

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ In my own approach to these cases, I have always asked myself whether I could find a "rational basis" for the classification at issue. The term "rational," of course, includes a requirement that an impartial lawmaker could logically believe that the classification would serve a legitimate public purpose that transcends the harm to the members of the disadvantaged class. [4] Thus, the word "rational"--for me at least--includes elements of legitimacy and neutrality that must always characterize the performance of the sovereign's duty to govern impartially. ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ The rational-basis test, properly understood, adequately explains why a law that deprives a person of the right to vote because his skin has a different pigmentation than that of other voters violates the Equal Protection Clause. It would be utterly irrational to limit the franchise on the basis of height or weight; it is equally invalid to limit it on the basis of skin color. ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ The Court must be especially vigilant in evaluating the rationality of any classification involving a group that has been subjected to a "tradition of disfavor [for] a traditional classification is more likely to be used without pausing to consider its justification than is a newly created classification. Habit, rather than analysis, makes it seem acceptable and natural to distinguish between male and female, alien and citizen, legitimate and illegitimate ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ That a civilized and decent society expects and approves such legislation indicates that governmental consideration of those differences in the vast majority of situations is not only legitimate but also desirable. ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ An impartial lawmaker--indeed, even a member of a class of persons defined as mentally retarded--could rationally vote in favor of a law providing funds for special education and special treatment for the mentally retarded. A mentally retarded person could also recognize that he is a member of a class that might need special supervision in some situations, both to protect himself and to protect others. ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ The Court of Appeals disposed of this case as if a critical question to be decided were which of three clearly defined standards of equal protection review should be applied to a legislative classification discriminating against the mentally retarded. [1] In fact, our cases have not delineated three--or even one or two--such well-defined standards. [2] Rather, our cases reflect a continuum of judgmental responses to differing classifications which have been explained in opinions by terms ranging from "strict scrutiny" at one extreme to "rational basis" at the other. ”

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Source: Wikisource

John Paul Stevens, City of Cleburne v. Cleburne Living Center… (1985)

“ Every law that places the mentally retarded in a special class is not presumptively irrational. The differences between mentally retarded persons and those with greater mental capacity are obviously relevant to certain legislative decisions. ”

John Paul Stevens

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Quotes from City of Cleburne v. Cleburne Living Center… (John Paul Stevens)

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John Paul Stevens

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Quotes from City of Cleburne v. Cleburne Living Center… (John Paul Stevens)

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