Con Law: Equal Protection

Question 1

Equal Protection

Answer 1

Whenever Government draws a distinction among people there is a basis for EP challenge.

Question 2

Equal Protection Qs steps;

Answer 2

1. What is the classification?
2. What level of scrutiny should be applied?
3. Does this law meet level of scrutiny

Question 3

Consitutional provisions concerning EP

Answer 3

1. EP Clause of 14A applies ONLY to state and local governments NEVER fed.
2. EP applied to Fed govt through DUE PROCESS Clause of 5A.

Question 4

Classifications based on race and national origin.

Answer 4

Strict scrutiny

Question 5

How is existence of racial classification proven?

Answer 5

2 alternative ways:

1. The classification exists on face of law
2. If law race-neutral–then have to demonstrate both discrimination impact and discriminatory intent.

Question 6

How should racial classifications benefiting minorities be treated?

Answer 6

Strict scrutiny

Numerical set asides require clear proof of past discrimination

Question 7

Educational institutional may use race as one factor in admission decisions to benefit minorities and enhance diversity. But, they must show..

Answer 7

That there is NO race-neutral alternative which could achieve diversity.
Educational institutions may not add points to an applicant’s admission scores solely based on race.

Question 8

Public school systems may not use race as a factor in assigning students to schools unless

Answer 8

strict scrutiny is met

Question 9

Gender Classifications

Answer 9

Intermediate scrutiny is used for sex-based discrimination.

Discrimination can only be allowed if there is exceedingly persuasive justification.

Question 10

How is the existence of a gender classification proven?

Answer 10

If classification exists on the face of law
Alternatively, if law is facially gender-neutral– proving requires both discriminatory impact and discriminatory intent
*note discriminatory use of peremptory challenges based on gender denies EP

Question 11

Special rules for how courts treat gender classifications benefiting women:

Answer 11

Gender classifications benefiting women that are based on role stereotypes will not be allowed.
Gender classifications benefiting women that are designed to remedy past discrimination or differences in opportunity will be allowed.

Question 12

Alienage classifications: laws that discriminate against non-US citizens

Answer 12

Laws that discriminate against non-citizens must meet strict scrutiny
BUT– certain privileges may be reserved just for citizens. These include: voting, serving on jury, p/o, teacher, probation officers– only rational basis test is used for this analysis.

Question 13

When Congress discriminates against aliens

Answer 13

Only a rational basis test and govt probably wins

Question 14

Undocumented alien children

Answer 14

Appears to be intermediate scrutiny

Question 15

Discrimination against non-marital children (legitimacy classifications)

Answer 15

Intermediate scrutiny
laws that deny a benefit to all non-marital children, but grant it to all marital children are unconstitutional
These laws will almost always fail

Question 16

Age discrimination

Answer 16

Rational basis

Question 17

Disability discrimination

Answer 17

Rational basis

* Ex. Texas tried to prevent home for mentally disabled; TX lost under rational basis review

Question 18

Wealth discrimination

Answer 18

Rational Basis Review

Question 19

Government Economic Regulations

Answer 19

Rational Basis Review

* NO Hot Dog Vendors– govt won–had to work there for 8 years

Question 20

Sexual orientation discrimination

Answer 20

rational basis review

Question 21

Strict Scrutiny

Answer 21

law MUST be NECESSARY to achieve a compelling government purpose
Race, National Origin, Alienage, Travel, Voting

Question 22

Intermediate Scrutiny

Answer 22

Law must be substantially related to an important government purpose
Gender, illegitimacy, Undocumented alien children

Question 23

Rational Basis Test

Answer 23

Laws must be RATIONALLY related to a Legitimate government interest
Alienage classifications, congressional regulation of aliens, age, handicap, wealth, all other classifications