Equal Protection 1 Flashcards
Trigger for EP
Classification
If a class of people is burdened it is…
equal protection
if every person is burdened
SDP
combo of EP and SDP gets ___ review
varying standards
EP example” All teachers at schools must be over age of 40”
Classification of Age-Rb
All individuals must receive flu shot to be able to fly in the US. This is example of
SDP- impacts all equally
difference between EP and SDP
EP- groups/classified
SDP- applies to all equally
All marraige apps must be over age of 40
marriage-fundamental right, ss- procreation is also SS, age RB. bOTH SDP and EP issues
Example of how to analyze the plane vaccination hypo
- Fundamental right to refuse unwanted medical treatmeent.
or - No fundamental rightto not be vaccinated
Take 1 approach and GO
Starting point for EP–Quote to remember
Equal protection does not require those things that are different to be treated the same.
In both SDP and EP it doesnt matter who (feds/state) passed the law. It does matter who poasses laws for
ICC
RACE is never
a reason to classify or group
the first issue for EP to handle is
what standard of review to use.
If things are the same… cant treat differently unless
there is a legitimate reason to do so
an arbitrary reason is no sufficient to
classify.
EP requires for classifying
Must be based on real and substantive difference having reasonable relation to the subject of the legislation.
In EP dont analyzethe ____ of the law
wiseness, appropriateness
where there is plausible reasons (rb)
our inquiry is at the end
EP isnt WRITTEN into 5th it is..
assumed by the courts
Central and core component of 14th is to eliminate all forms of
race discrimination
Race is the most ______ classification
suspect
ANimus penrose descirbes as
ick factor - when law isnt grounded in rationale.
