Rack Room Shoes v. United States, No. 12-1391 (Fed. Cir. 2013)
Annotate this CaseThe companies, which import clothing and footwear, filed suit in the Court of International Trade, alleging that classifications in the Harmonized Tariff Schedule of the United States discriminated on the basis of age or gender in violation of the equal protection clause of the Due Process Clause. Those classifications assess different tariff rates depending on whether footwear or clothing is subcategorized as being for youth, men, or for women. The Trade Court dismissed for failure to state a claim. The Federal Circuit affirmed. Where a law is facially neutral, a party pleading discrimination under equal protection must show that the law has a disparate impact resulting from a discriminatory purpose. Proving discriminatory intent requires more than mere awareness of consequences; it would require proving that Congress enacted the classifications “because of, not merely in spite of, [their] adverse effects upon an identifiable group.”
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