A. Did the substantive component of the Fifth and Fourteenth Amendments ' Due
Process Clauses require the United States Court of Appeals for the Fourth
Circuit to use the strict scrutiny standard in its review of the District Court 's
Denial of the Petitioner 's 42 U.S.C. § 1983 Complaint in which Petitioner
alleged that he was denied equal protection under the law when the Virginia
General Assembly amended the statute, which had been enacted in that State
to abolish parole, enacted under Code of Virginia § 53.1-165.1?
B. Based on the United States Supreme Court precedent established in
McGowan v. Maryland , 81 S. Ct. 1101 (1961), the United States Court of
Appeals for the Fourth Circuit erred in affirming the judgment of the District
Court which had decided that the Petitioner 's 42 U.S.C. § 1983 Complaint did
not state an equal protection claim.
Whether the Fifth and Fourteenth Amendments' Due Process Clauses require strict scrutiny review of a state statute amendment affecting parole eligibility under an equal protection challenge