EQUAL PROTECTION

Question 1

Equal Protection Clause Checklist

Answer 1

• Equal Protection Clause
  
  • Discriminatory Classification
    
    • Facially Discriminatory
    • Facially Neutral Law with Discriminatory Application
    • Discriminatory Motive or Purpose
  • Standard of Scrutiny
    
    • Suspect Classification or Fundamental Right - Strict Scrutiny
      
      • Strict Scrutiny
    • Quasi Suspect Classification - Intermediate Scrutiny
      
      • Intermediate Scrutiny
    • Non-Suspect Classification - Rational Basis
      
      • Rational Basis

Question 2

Equal Protection Clause

Answer 2

The Equal Protection Clause provides that all persons are entitled to equal protection of the laws

*applicable to state and local governments through the Fourteenth Amendment and to the federal government through the Fifth Amendment. Equal protection issues arise when the gov’t treats similarly situation individuals differently based on classifications

Question 3

Discriminatory Classification

Answer 3

The plaintiff must prove discrimination in one of three ways:

(i) facially discriminatory law,
(ii) Facially neutral law with discriminatory application, or
(iii) Discriminatory motive or purpose

Question 4

Discriminatory Classification - Facially Discriminatory

Answer 4

A law that, on its face, creates distinctions between categories of people violates the Equal Protection Clause

Question 5

Discriminatory Classification - Facially Neutral Law with Discriminatory Application

Answer 5

A law that is facially neutral but creates a disparate impact when applied violates the Equal Protection Clause

Question 6

Discriminatory Classification - Discriminatory Motive or Purpose

Answer 6

A law that is facially neutral but can be shown to have a discriminatory motive or purpose violates the Equal Protection Clause

Question 7

Equal Protection Clause Standard of Scrutiny

Suspect Classification or Fundamental Right - Strict Scrutiny

Answer 7

If a law implicates a suspect classification or a fundamental right*, courts will apply strict scrutiny.

Strict Scrutiny - requires that the law be (1) necessary and the least restrictive means to achieve a (2) compelling government interest. The burden is on the government to overcome strict scrutiny.

*e.g. race, ethnicity, national origin, alienage, right to travel, right to vote

Question 8

Equal Protection Clause Standard of Scrutiny

Quasi-Suspect Classification - Intermediate Scrutiny

Answer 8

If a law implicates quasi-suspect classification*, courts will apply intermediate scrutiny.

Intermediate Scrutiny - requires that the law be (1) substantially related to an (2) important government interest.

*e.g. gender and illegitimate children

Question 9

Equal Protection Clause Standard of Scrutiny

Non-Suspect Classification - Rational Basis

Answer 9

If a law implicates a non-suspect classification*, courts will apply rational basis.

Rational Basis - requires that the law be (1) rationally related to a (2) legitimate government interest. Laws are presumed valid under this test so the burden is on the challenger to overcome the presumption by proving that the law is arbitrary or irrational.

*e.g. federal alienage, age, disability, wealth, economics, social orientation