Equal Protection

Question 1

Which standard of review applies to EPC claims?

Answer 1

strict scrutiny if it involves fundamental right or suspect class

intermediate scrutiny if it involves quasi suspect class

rational basis review for all other claims

Question 2

What must be shown–other than the appropriate class–for a law to get intermediate or strict scrutiny under an EPC claim?

Answer 2

Discriminatory intent. This can be shown by:

(1) law discriminatory on its face
(2) discriminatory application of law
(3) disparate impact

BUT note, the last two ways will be insufficient alone to prove intent. (but ok if that + history of discrimination)

Question 3

Which classes are suspect?

Answer 3

Race, national origin, alienage

Question 4

In which areas re schooling does the govt have a compelling vs. non-compelling interest for purposes of EPC claim?

Answer 4

Compelling interest: remedying past discrimination, promoting diversity in higher education (can be used as factor in individualized assessment of students but NO quotas/point systems)

Not: promoting diversity in primary/secondary schools,

Question 5

Which alienage classifications are subject to strict scrutiny?

Answer 5

• local/state alienage classifications

NOT federal alienage classifications or undocumented alienage classifications. Also, NOT local state alienage classifications that a re participation in state govt (voting, jury service) and important roles re public policy (cops, primary schoolteachers) - these all get rational basis review

Question 6

What are the two quasi-suspect groups?

Answer 6

gender, nonmarital vs marital children

Question 7

What level of review are age, disability wealth subject to?

Answer 7

Rational basis