Equal Protection

Question 1

Strict scrutiny

Answer 1

Govt has burden to prove the restriction is necessary to further a compelling state interest.
govt loses
applies to race, alienage, national origin.

Question 1

Rational bases

Answer 1

P has to prove the restriction has no legitimate govt interest or is not rationally related to the interest.
P usually loses.
applies to all other categories

Question 2

Intermediate scrutiny

Answer 2

Govt has to prove the restriction is substantially related to an important state interest.
govt usually loses.
applies to gender and illegitimacy.

Question 4

Affirmative action justifications

Answer 4

1. Remedy the effects of past discrimination at a particular institution.
2. Diversifying the student body in a college.