Cases for equal protection Flashcards
Why did the Court find that there was not a legitimate purpose in Romer? [rule]
The conduct demonstrating an animus attitude to a particular group of people cannot constitute a legitimate purpose.
In Romer, why was the moral argument rejected?
Because not allowing human right protection does not push moral argument
Apply the equal protection analysis to Romer.
- classification: homosexual people. The law was facially discriminatory because the terms discussed discriminating against homosexual people.
- Rational basis will be applied as that is the minimum level of scrutiny.
- Failed because did not have a legitimate purpose
What was the legitimate purpose in Beazer?
creating a drug-free work zone.
What did Beazer establish?
A state law that is overinclusive does not violate the EPC if it is rationally related to a legitimate state purpose.
T/F: The state law in Railway was underinclusive
True
Romer v Evans was about ?
Anti-discriminating law against homosexual people
NYC transit authority v Beazer was about?
banning methadone users
Railway express v. NYC was about?
advertisements on trucks
In Railway, the Court held that underinclusive laws do not violate the EPC because ___ ?
states may rationally decide to address a public problem. [they can take their time]
Why were the means used in Railway rationally related to the purpose?
The purpose was to limit distractions on the road which the law did. Fewer distractions are better than a lot.
T/F: Dred Scott did not have rights because he was viewed as property
True unforunately
Why was the missiouri compromise found unconstitutional?
Congress did not have authority to free slaves on federal territories
Korematsu established that the most rigid scrutiny applies to ___ ?
race! [national origin]
Why did the court uphold Korematsu?
The nation’s security concerns outweighed the constitutional promise of equal rights.
T/F: Korematsu was a 14h amendment challenge.
FALSE.
5th amendment - federal law
What did Loving v. VA establish?
discrimination based on race was subject to strict scrutiny and laws on its face can burden both races.
Palmore v. Sidoti is about?
a white woman remarrying a black man and loses custody of her child.
What did Palmore establish?
Racial classifications must be justified by a compelling governmental interest and must be necessary to accomplishment of its legitimate purpose.
Plessy v Fergson established ?
the separate but equal doctrine.
What did the dissent address in Plessy.
How the constitution was founded on white supremacy and how it was made to keep black people suppressed.