"The defendants," she wrote, "sanctioned impermissible discrimination that caused the plaintiffs' members to have feelings of shock, anger, humiliation, frustration and helplessness."

The five majority justices could have applied the "equal protection" clause and achieved the same result that Justice Field had engineered under his construction of the dual tracks of citizenship: the butchers rendered dependent on the Crescent City Company were subject, they could easily have concluded, to impermissible discrimination.

Because the state could offer no good reason for the distinction, he wrote, it amounted to impermissible discrimination on the basis of wealth.

Judge Kram rejected the argument, ruling that the law resulted in "the impermissible discrimination against mentally incompetent disabled veterans."

The United States Court of Appeals for the Second Circuit approved an injunction against enforcement of the provision as an impermissible viewpoint-based discrimination in violation of the First Amendment, 164 F. 3d 757 (1999).

Dissenting in part, Judge Jacobs agreed with the majority except for its holding that the proviso banning challenges to existing welfare laws effected impermissible viewpoint-based discrimination.

HIPAA encourages group health plans to adopt wellness programs but also includes protections for employees and dependents from impermissible discrimination based on a health factor.

The United States Armed Forces "don't ask, don't tell" (DADT) policy was seen by the AALS as impermissible discrimination.

In a split 5-4 vote, the Supreme Court ruled that New Haven had engaged in impermissible racial discrimination against the White and Hispanic majority.