equal potection

Question 1

a law that expressly taxes income of women at a higher rate than men — example of what?

Answer 1

facial gender classification

Question 2

a law that taxes the income of shorter individuals at a higher rate, and emails show that the pur- pose of the law is to discriminate against women — example of what?

Answer 2

non-facial gender classification

Question 3

suspect classifications

Answer 3

race
national origin
state and local classifications of alienage

Question 4

quasi suspect classifications

Answer 4

gender
distinctions drawn between marital and non marital children

Question 5

non suspect classifications

Answer 5

wealth
age
disability

Question 6

what is not a rational basis

Answer 6

animus – prejudice not based on any rational reason

Ex:
1) The Supreme Court struck down a state law denying discrimina- tion protection to gays and lesbians.
2) The Supreme Court also struck down a federal law that refused to recognize same-sex couples who were married under state law as married for purposes of federal law.

Question 7

what is animus

Answer 7

If the government’s only interest in denying a benefit to or imposing a burden on a group of people is a dislike of them, the classification will not meet rational basis review.

Question 8

intermediate scrutiny

Answer 8

classification must be substantially related to an important government interest.

The government bears the burden of showing an “exceedingly persuasive justification” for the discrimination.

Question 9

name the gender classifications that are invalid acc to prior case law

Answer 9

– gender based death benefits

– gender based peremptory strikes

— alimony for women only

— discriminatory minimum drinking age

Question 10

name gender classifications that have been held as valid

Answer 10

discriminatory statutory rape laws

all-male draft

requiring American fathers, but not mothers, to prove their parentage of non marital children born abroad in order to obtain US citizenship for them

Question 11

what kinds of gender classifications are more likely to be upheld?

Answer 11

Gender classifications designed to remedy past discrimination are more likely to be upheld under intermediate scrutiny.

Question 12

what gender classifications are more likely to be invalid

Answer 12

Gender classifications based on role stereotypes are generally invalid, especially ones that perpetuate stereotypes of economically dependent women

Question 13

trigger for equal protection issue

Answer 13

An equal protection claim arises whenever the government treats people differently from others.

Question 14

sources of equal protection law

Answer 14

14th Am EPC – against state and local governments

5th AM DPC – read to apply same principles against fed gov’t

Question 15

when to use strict scrutiny

Answer 15

gov’t discriminates against suspect classification

(and when gov’t burdens fundamental right]

Question 16

when to use intermediate scrutiny

Answer 16

gov’t discriminates against quasi-suspect classification

Question 17

when to use rational basis

Answer 17

classification is not suspect or quasi-suspect classification and does not burden fundamental right

Question 18

how to prove / make out claim for discrimination?

Answer 18

prove discriminatory INTENT

effect not enough

Question 19

how to prove discriminatory intent

Answer 19

facial discrimination

discriminatory application of facially neutral law

facially neutral law with a disparate impact on protected class of people

Question 20

what racial classifications have been shown to trigger strict scrutiny

Answer 20

intentional racial segregation (unconstitutional)

racial integration

benign government action (Affirmative Action)/policy that favors affirmative action

Discriminatory legislative apportionment

Question 21

what alienage classifications are subject to strict scrutiny?

Answer 21

state and local classifications (not federal)

Question 22

exception to alienage classifications receiving strict scrutiny

Question 23

when is racial segregation unconstitutional

Answer 23

always

Question 24

when is racial integration of school districts/attendance zones constitutional and unconstitutional? [primary and secondary schools]

Answer 24

– racial integration to remedy past segregation —- Must do this but has to be narrowly tailored to do only this

—- NO racial integration for sole purpose of racial balancing or diversity in primary and secondary schools (no compelling interest)

Question 25

to what extent may/must primary and secondary schools remedy intentional school segregation?

Answer 25

If it’s proven that a school board has engaged in the racial districting of schools, the board MUST take steps to eliminate the effects of that discrimination (for example, busing students).

If the school refuses to do so, a court can order the school district to take all appropriate steps to eliminate the discrimination, but the order cannot go beyond the purpose of remedying the past effects of segregation.

Question 26

when does segregation in school districts not violate equal protection

Answer 26

If school systems and attendance zones are established in a racially neutral manner and simply result in racial imbalance

Question 27

what is affirmative action

Answer 27

government action that favors racial or ethnic minorities

Question 28

what are compelling purposes government use of affirmative action, in any context?

Answer 28

(1) remedying past discrimination, as long as it was persistent and readily identifiable (not “general societal discrimination”)

(2) contexts in which government had not engaged in discrimination

(3) diversity in student body of public colleges and universities – individualized assessment of students is allowed BUT race/ethnicity cannot be predominant factor in assessment —– court defers to public colleges and universities as to this being compelling

in all cases, has to be NARROWLY TAILORED

Question 29

when does court defer and not defer to public colleges and universities in the context of affirmative action

Answer 29

the Supreme Court has deferred to public colleges and universities that have claimed that they have a compelling interest in having a diverse student body.

the Court will not defer to colleges and universities regarding whether a particular scheme for assuring diversity meets strict scrutiny.

Question 30

EP analysis for affirmative action cases

Answer 30

Compelling interest
– higher ed - compelling interest in diverse student body such that race can be a factor (not predominant factor tho) in assessing for admissions

narrowly tailored
– The school must show that no workable race-neutral alternatives would assure the diversity sought.

Question 31

what is and is not narrowly tailored affirmative action scheme in higher education?

Answer 31

no quotas or set-aside percentages or other automatic advantages or disadvantages

race can only be a single factor in a holistic assessment of each student

Question 32

what is and is not narrowly tailored way to promote diversity in schools?

Answer 32

1. racial balancing – NO
2. holistic assessment that includes race – YES

although this doesn’t matter bc diversity is not compelling interest in lower school context

Question 33

how to show that legislative apportionment was discriminatory

Answer 33

If a plaintiff can show that a redistricting plan was drawn up predomi- nately on the basis of racial considerations, strict scrutiny is triggered and the plan will violate the Equal Protection Clause unless the government can show that the plan is narrowly tailored to serve a compelling state interest.

Question 34

which alienage classifications trigger strict scrutiny

Answer 34

state and local laws on alienage are suspect classifications

NOT federal alienage classifications

Question 35

standard for evaluating federal alienage classifications

Answer 35

rational basis

valid if not arbitrary and unreasonable

Question 36

what is alienage

Answer 36

citizenship status

Question 37

why is federal alienage classification not subject to strict scrutiny?

Answer 37

congress has plenary power over aliens

Question 38

what counts as state and local gov’t discrimination against aliens?

Answer 38

state and local govts cannot require US citizenship for:

employment (generally)

gov’t benefits

property ownership

admission to the bar

Question 39

exception to the “alienage classification triggers strict scrutiny” rule

Answer 39

If a law discriminates against alien participation in state govern- ment (for example, voting, jury service, elective office, but not for notaries), the rational basis standard is applied.

Also, rational basis for laws limiting certain non-elective offices for public policy reasons, such as being public school teacher of elementary and secondary school students on the rationale that teachers at elementary and high school elevel has a great deal of influence over attitudes of young student toward government, political process, and citizenship

Question 40

what scrutiny is afforded to a classification based on undocumented aliens

Answer 40

rational basis

NOTE that if involves denial of free public education to undocumented alien children, court has used both rational basis and intermediate scrutiny, but rational basis is the safest option for us

Question 41

is it valid to deny free public education to undocumented alien children?

Answer 41

NO - no rational basis – punished children for actions of their parents

Question 42

A state law entitles only women to alimony upon divorce. Is this law valid?

Answer 42

no – paternalist and based on gender stereotype

Question 43

A state military school excludes women on the ground that they would not be able to satisfy physical requirements or succeed under its “adversative method.” Is this valid?

Answer 43

no – no exceedingly persuasive justification

Question 44

The Selective Service Act requires males but not females to register for the draft. Is this law valid?

Answer 44

yes – court really applied something more like rational basis

Question 45

The Social Security Administration’s formula entitles women to greater benefits to remedy a long history of pay discrimination. Is this valid?

Answer 45

yes – the payout formula compensates for gender pay gap

payout formula was substantially related to exceedingly persuasive justification

Question 46

A statutory rape law only makes males liable. Is this law valid?

Answer 46

yes - state has important interest in balancing disincentives of both sides, state protecting teenage girls bc they are getting pregnant

Question 47

what to look for to determine validity of law that discriminates against non marital children

Answer 47

laws that discriminate against entire class of non marital children are more likely to be invalid because more likely to be based on prejudice

laws that distinguish between subsets of non marital children are more likely to be valid

Question 48

A law permitting parents to sue for wrongful death for marital but not nonmarital children is?

Answer 48

invalid - based on prejudice

Question 49

A law allowing only marital children to recover from their fathers’ estates is?

Answer 49

invalid

Question 50

example of important gov’t interest in context of non marital classifications

Answer 50

A law allowing nonmarital children to recover from their fathers’ estates only if parenthood is established before the father’s death is valid, since it promotes the efficient disposition of property at death (an important government interest).

Question 51

is discriminatory application of a law or program to a certain group sufficient to show discriminatory intent?

Answer 51

YES even if the program appears neutral on its face

Ex: zoning ordinance that prohibits laundries in wooden buildings unless the owner is granted an exception, and exceptions are granted only to majority ace members and denied to minority race members

Question 52

is a program of minority hiring to correct effects of past discrimination a sufficient justification for differentiating by race under EP?

Answer 52

yes