Equal protection

Question 1

EP analysis

Answer 1

1) is there a discriminatory classification?
2) what level of scrutiny?
3) does the classification satisfy the appropriate level of scrutiny?

Question 2

3 ways to prove discriminatory classification

Answer 2

1) law discriminates on its face
2) facially-neutral law applied in a discriminatory manner
3) discriminatory motive/purpose behind law and/or application (must show both)

burden on challenger

Question 3

rational basis

Answer 3

1) alienage (if related to self gov’t or congressional immigration action)
2) all other classifications

Question 4

intermediate scrutiny (quasi-suspect classification)

Answer 4

1) gender
2) non-marital children

Question 5

strict scrutiny (suspect classification)

Answer 5

1) race
2) national origin
3) alienage
4) right to travel
5) right to vote