An introduction to Constitutional Law 100 Supreme Court cases everyone should know

Randy E. Barnett & Josh Blackman

The Cleburne Living Center wanted to operate a group home for thirteen “mentally retarded” people. The city of Cleburne, Texas, told the Center that it needed a special use permit to operate such a facility. Following a public hearing, the City Council voted to deny the permit. The Center filed suit, and argued that the denial violated the Equal Protection Clause. Specifically, the Center contended that if the residents were not mentally retarded, the permit would have been granted.

All nine Justices agreed that the city violated the Constitution. However, they did not agree on a single rationale. Justice White wrote the majority opinion, which was joined by Chief Justice Burger and Justices Powell, Rehnquist, Stevens, and O’Connor.

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