Equal Protection

Question 1

Requirement for busing for integration:

Answer 1

Narrowly tailored to remedy past segregation. Can’t simply attempt to racially balance schools

Question 2

Aff Action to remedy past discrimination must show that the past discrimination was:

Answer 2

Persistent and readily identifiable. Can’t remedy general past “societal discrimination”

Question 3

Alienage classifications for federal gov held under what standard of review?

Answer 3

Rational basis

Question 4

Alienage status used by state/local govt held to what standard?

Answer 4

Usually strict scrutiny, unless positions/activities essential to self-government

Question 5

Children of undocumented aliens— what standard?

Answer 5

Probably rational basis, but look for irrational animus

Question 6

Gender classifications are reviewed under _____ and must be _____ to a(n) ______.

Answer 6

Intermediate scrutiny; substantially related; important government purpose

Question 7

What must the govt show under intermediate scrutiny on gender classifications?

Answer 7

Exceedingly persuasive justification for the discrimination

Question 8

Gender classifications based on _____ are generally invalid, but those meant to ______ are more likely to be upheld.

Answer 8

Role stereotypes; remedy past discrimination

Question 9

Laws around nonmarital children are subject to_____.

Answer 9

Intermediate scrutiny

Question 10

If there’s evidence of animus, it’s rational/not rational?

Answer 10

Not rational

Question 11

Suspect classifications include:

Answer 11

Race, national origin, and sometimes alienage