City of Memphis v. Cole

Issue: (1) Whether there exists a fundamental right to intrastate travel under the due process clause of the 14th Amendment, and, if so, what level of scrutiny applies; and (2) whether, in a civil trial involving fundamental rights, if a district court instructs a jury using strict scrutiny and the court of appeals determines a lower level of scrutiny should have been used, the erroneous jury instructions can be affirmed as harmless error.