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Bar Con Law > 6) Equal Protection > Flashcards

6) Equal Protection Flashcards

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1
Q

EPC: const basis: states

A

14A EPC

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2
Q

EPC: const basis: feds

A

5A DPC

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3
Q

EP: most basic rule

A

EP requires the gvt to justify when it discriminates

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4
Q

EP analysis

A

1) ID type of discrim
2) what’s standard of review
3) apply (for tailoring, consider who is under/over included)

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5
Q

standard?: disparate impact

A

if facially neutral, NOT discrim, and gets RBR

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6
Q

standard?: disparate impact: exceptions

A

both of these ARE discrim and get SS:

1) INTENTIONAL disparate impact (must be gvt’s purpose not just that they knew)
2) disrcrim APPLICATION of neutral test

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7
Q

RBR: rule

A

1) BOP P
2) gvt action is not rationally related to
3) any legit gvt interest
4) (can include purported/not actul interests)

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8
Q

RBR: when use

A

all classifications not falling under strict or intermediate scrutiny

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9
Q

age: standard?

A

RBR

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10
Q

disability; standard?

A

RBR

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11
Q

alienage? standard?

A

RBR if done by Congress

SS if done by states

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12
Q

RBR: result

A

gvt usually wins

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13
Q

sexual orientation: standard?

A

RBR

BUT: no legit gvt purpose (rare thing that can pass RBR)

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14
Q

intermediate scrutiny: test

A

1) gvt must show (BOP)
2) substantial relation
3) to an important interest
4) which must be the actual interest

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15
Q

intermediate scrutiny: when use

A

1) sex

2) illegitimacy

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16
Q

strict scrutiny: rule

A

1) gvt must show (BOP)
2) necessary (no other way) to achieve
3) compelling gvt interest
4) which is the actual interest

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17
Q

strict scrutiny: “necessary” synonyms

A

narrowly tailored, least restrictive alternative)

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18
Q

strict scrutiny: result

A

gvt usually fails

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19
Q

strict scrutiny: whe use

A

1) race
2) alienage by state
3) ntl origin

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20
Q

de jure segregation: def + result

A

segregation by law

almost always unconst, def unconst if stigmatizing

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21
Q

de facto segregation: def + result

A

seg by private choice (not by operation of law):

NO const problem bc no state action

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22
Q

school segregation: currently

A

affirmative duty to eliminate past intentional race discrim of schools (not by classifying/moving individual students based on race)

bussing constitutional for htis

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23
Q

times when racial classification may pass strict scrutiny

A

1) exceptional circs (race riot)

2) affirmative action

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24
Q

affirmative action: def

A

classification intended to benefit historically discriminated group

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25
Q

affirmative action: compelling interests

A

1) remedying state’s past discrim

2) diversity in higher ed (only)

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26
Q

affirmative action: 1) remedying state’s past discrim: how to narrowly taiilor?

A

benefits go to same industry where there was discrim

27
Q

affirmative action: diversity in higher ed: how to narrowly tailor?

A

race can be one factor among many, no fixed weight (quotas is not narrowly tailored)

28
Q

alienage discrim by states: test

A

SS (wrt resident aliens)

29
Q

alienage discrim by states: exception

A

public function exception:
gvt jobs involving discretion: ok USCs only
1) police
2) gvt officials
3) pub school teachers
but NOT purely ministerial function: notary

30
Q

alienage discrim by states: illegal aliens

A

RBR if based on lawful presence

31
Q

alienage discrim by states: illegal aliens: exceptions

A

1) alien children: intermediate scrutiny

2) im preemption – states can’t enact own im policies

32
Q

illegitimacy: examples

A

IS, usu fail (no impt gvt interest)

denying welfare, or worker’s comp death benefits = both unconst

33
Q

sex discrim: held unconst bc dn pass intermediate scrutiny

A

estate administration
military housing benefits
alimony
drinking age

34
Q

sex discrim: single sex education: “rule”

A

single sex education (prob ok if avail for all, but no unique opportunity)

35
Q

sex discrim: held const bc did pass IS

A

1) draft

2) statutory rape laws setting higher age of consent for women (actual bio basis)

36
Q

sex discrim: general rule

A

more liekly to be const if based on real biological basis

less likely to be const if based on stereoypes

37
Q

gender affirmative action: rule

A

IS scrutiny –> it’s ok to make up for past discrim by ANYONE (dnn race/SS)

38
Q

wealth: scrutiny?

A

RBR

39
Q

domestic travel: scrutiny?

A

SS

40
Q

voting: scrutiny?

A

SS

41
Q

sexual orientation: scrutiny?

A

RBR-ish: majority has never said that passing RBR is enough to make the law ok, bc have always held that dn pass even RBR

42
Q

sexual orientation: DOMA case

A

def of “marriage” and “spouse” lacked const legit purpose bc was jsust movitaved by animus which violates DP

43
Q

sexual orientation: Marriage

A

EPC + DPC both protect marriage

44
Q

privileges + immunities: 2 sources

A

1) 14A
2) Art 4 Sec 2
(both against states)

45
Q

14A priv + immunities: rule

A

“no state shall make or enforce any law which shall bridge the P or I of citizens of the US”

46
Q

14A P+I: scope

A

“citizens,” so NOT corporations, not aliens

47
Q

14A priv + immunities: rights

A

1) travel (interestate + move)
2) petition Congress
3) vote for fed ofices
4) assemble
5) enter pub lands

48
Q

Art 4 P+I: rule

A

Art 4 S 2: “the citizens of each state shall be entitled to all privielges and immunities of citizens in the several states”

49
Q

Art 4 P+I: aka

A

comity clause

50
Q

Art 4 P+I: def

A

prohibits states from discriminating against nonresidents, re activities fundamental to the national union

51
Q

Art 4 P+I: test (+ gloss)

A

substantial relation to substantial state interest

desire to favor locals is NOT a substantial interest

52
Q

Art 4 P+I: scope

A

“citizens” – no corps, no aliens

corps can protect against oos discrim by DCC

53
Q

Art 4 P+I: held INVALID

A

1) commercial licenses (fee higher)
2) commuter tax only for nonresidents
3) abortion (only locals)
4) hiring preference (all or private ers)

54
Q

Art 4 P+I: held VALID

A

1) recreational licenses

2) state’s purpose is preserving in-state nat resources

55
Q

contract clause: rule

A

Art 1 S 10: “No state shall…pass any…law impairing obligation of contracts”

56
Q

contract clause: scope

A

1) state only not fed (“no state”)
2) legislation only not court decs (“pass any law”
3) only existing ks!

57
Q

contract clause: test

A

to decide if can modify the existing k, bal:

1) severity of impairment of k right, vs
2) importance of public interest

58
Q

contract clause: result

A

state can usu modify ks, but less likely if state trying to get out of its own k

59
Q

ex post facto laws: scope

A

against states AND fed

60
Q

ex post facto: kinds prevented

A

1) new crime
2) more punishment
3) less evidence needed to convict
4) longer limitations period AFTER EXPIRATION

61
Q

ex post facto: kinds prevented: less evidence needed: dx

A

(ok quasi procedural)

but making a broader inadmissibility standard does not violate EXPF clause

62
Q

bills of attainder: scope

A

against states and fed

63
Q

bill of attainder: def

A

1) legislation
2) that punshes
3) w/o trial
4) named indivs, or readily identifiable group
5) for past conduct

64
Q

bill of attainder: example

A

YES a bill of attainder where made crime for communist to be officer of labor union (was like punishment)

Bar Con Law (8 decks)

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