The Court has long struggled in the area of equal protection with the three-tiered framework based on Footnote Four in Carolene Products. Identify three specific cases where the Court was faced with challenges in determining the appropriate test to apply and explain why those cases in particular were difficult. Given these challenges, do you think the Court is better off abandoning the three tiered framework for some other approach or do the advantages of the current structure outweigh the costs? If you think that the Court should adopt another approach, what approach do you think that should be? If you think that it should retain the current framework, how would you address the criticisms offered?

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The threetiered framework based on Footnote Four in the case of Carolene Products refers to the judicial scrutiny levels applied by courts when reviewing laws that potentially infringe upon individual ... View the full answer