EP

Question 1

EP is guaranteed through ______
and states that

EP review is triggered when

Answer 1

14A : no state shall deny to any person w.in its juris the equal protection of the laws

triggered where persons similarly situated are treated differently

Question 2

To evaluate a law under EP, the courts employ 3 levels of scruitny

Answer 2

strict scrutiny
intermediate scrutiny
rational basis

Question 3

For a law subject to strict scrutiny to stand

Answer 3

burden on govt
necessary to further 
compelling govt interest
(presumptively invalid) 
race, alienage (ONLY st laws), national origin (suspect classes)

Question 4

For a law subject to intermediate scrutiny to stand

Answer 4

burden on govt
substantially related to
important govt interest
gender, illegitimacy (quasi-suspect classes)

Question 5

For a law subject to rational basis scrutiny to stand

Answer 5

burden on P
not rationally related to
any legit govt interest
age, poverty, wealth, disability, necessities

Question 6

Under EP analysis, 3 ways to prove discrim intent

Answer 6

facial discrim

faically neutral, disproportinate effect on a particular class- strict/intermed scrutiny ONLY IF ct finds discrim purpose

facially neutral, applied in discrim manner. invalid IF P can show discrim purpose

Question 7

Maryland EP

Answer 7

no express guarantee in MD cons
cts have found article 24 of MD decl of rts embodies the same EP concepts as 14A EPC

look to sup ct cases for persuasive auth

Question 8

_____ must be shown to trigger strict or intermediate scrutiny

Answer 8

discriminatory intent