Equal Protection

Question 1

An equal protection claim arises whenever :

Answer 1

the government treats ppl differently from others

Question 2

EPC of the 14th A is limited to

Answer 2

state action

Question 3

EPC of the 5th A is limited to

Answer 3

trick question ! EPC does not apply to federal govt

what applies?

DPC of the 5th A

Question 4

Equal protection under the 5th A comes from

Answer 4

Due Process Clause of 5th A

Question 5

EPC prohibits discrimination by?

Answer 5

the government

so a private actors actions do not violate EPC (might violate something else but not EPC)

Question 6

the only way that private actor can violate constitutional rights i

Answer 6

is 13th A prohibition against involuntary servitude

Question 7

Equal protection does not prohibit govt discrimination but rather unreasonable discrimination - consider

1. how ppl are being divided into groups
2. how SCOTUS has specified we solve the problem

Answer 7

1. Race, alienage nat’l origin - SS
2. Gender + legitimacy - IS
3. everything else - RBT

Question 8

If a fund’lrightorsuspect classification is involved then which test applies:

Answer 8

strict scrutiny

Question 9

If a quasi- suspect classification is involved then which test applies:

Answer 9

Intermediate scrutiny

Question 10

If a classification doesnot affect fund’lrightor involvequasi/suspect classification is involved then which test applies:

Answer 10

RBT

Question 11

For SS or IS to apply, govt must have:

Answer 11

intent to discriminate

Question 12

List (3)

Intent to discriminate by the govt can be shown through:

Answer 12

1. Facial discrimination → law is discriminatory by its terms
   
   1. Effect of discrimination enough
2. Discriminatory application of a facially neutral law - OR -
   
   1. Effect of discrimination not enough need to show intent to discriminate
3. Facially neutral law that has a disparate impact
   
   1. Effect of discrimination not enough need to show intent to discriminate

Question 13

List (3)

Classifications are suspect if they are based on:

and what tests?

Answer 13

1. Race - SS
2. Nat’l origin -SS
3. Alienage - RBT or SS

Question 14

Race in higher education can only be used as a:

Answer 14

non-dispositive factor

Question 15

Federal classifications of alienage are subject to:

aka Congress is doing the discriminating

Answer 15

RBT

Question 16

State/local laws on alienage are subject to:

aka states discriminating against aliens

Answer 16

SS

except when it has to do with aliens who participate in state govt (ie public school teacher, voting, police officer, sitting on a jury etc) →

in this case a state may limit participation ONLY to U.S. citizens, provided the discrimination is rationally related to a legitimate state interest. (RBT)

Question 17

Undocumented aliens are subj to:

Why?

Answer 17

RBT

because NOT a suspect class

Question 18

Can undocumented aliens be denied free public edu?

Answer 18

No

Question 19

Classifications based on legitimacy and gender are:

Answer 19

quasi-suspect

Question 20

Gender classifications are reviewed under?

Answer 20

Intermediate scrutiny

Question 21

Who has the BOF to justify gender classifications?

What is the burden?

Answer 21

Gov’t has an “exceedingly persuasive justification”

Question 22

Intermediate scrutiny test requires:

Answer 22

1. Important govt interest
2. Tailoring that is subjective to govt interests

Question 23

Distinction btwn marital and non-marital children are subj to:

Answer 23

Intermediate scrutiny

Question 24