Equal Protection

Question 1

when does an Equal Protection claim arise?

Answer 1

whenever the government treats people differently from others

Question 1

what kind of action is the EP clause of the 14th amendment limited to?

Answer 1

only state action (not federal)

Question 2

what constitutional provision contains an EP component that applies to FEDERAL action?

Answer 2

the due process clause of the 5th amendment

Question 3

what standard is applied when a regulation involves a fundamental right (of any class) or a suspect class?

Answer 3

strict scrutiny

Question 4

what standard is applied when a regulation involves a quasi-suspect class?

Answer 4

intermediate scrutiny

Question 5

what standard is applied when a regulation does NOT involve a fundamental right or a suspect/quasi-suspect class?

Answer 5

rational basis

Question 6

what must be present for strict or intermediate scrutiny to be applied?

Answer 6

intent on the party of the government to discriminate

Question 7

how may intent be shown? (3 ways)

Answer 7

may be shown by either:
1) a law that is discriminatory on its face,
2) a discriminatory APPLICATION of a facially neutral law, or
3) a facially neutral law with a DISPARATE IMPACT on a protected class of people

Question 8

what two kinds of discriminatory laws require an additional showing of the legislature’s discriminatory intent (for heightened scrutiny to apply)?

Answer 8

1) a discriminatory application of a facially neutral law, or
2) facially neutral law with a disparate impact on a protected class of people

Question 9

true or false: a facially discriminatory law automatically gets heightened scrutiny (no need to show legislature’s discriminatory intent)

Answer 9

TRUE

Question 10

true or false: discriminatory effect or application alone is enough to show intentional discrimination.

Answer 10

FALSE (need legislative intent to discriminate – usually by evidence of history of discrimination)

Question 11

what are the SUSPECT classifications? (3)

Answer 11

classifications based on:
1) race
2) national origin
3) alienage (if at state and local level)

Question 12

true or false: if school systems and attendance zones are established in a racially neutral manner, there is NO violation of EP even if there is racial imbalance.

Answer 12

TRUE

Question 13

if it’s proven that a school board has engaged in racial districting of schools, what must happen?

Answer 13

the board MUST take steps to eliminate the effects of that discrimination

Question 14

can a court order a school district to eliminate the effects of racial discrimination?

Answer 14

YES, but the order must not go beyond the purpose of remedying that past effect of segregation

Question 15

true or false: assigning students to a public primary/secondary school on the basis of race solely to promote diversity satisfies strict scrutiny.

Answer 15

FALSE (not narrowly tailored – using race as a proxy is too broad)

Question 16

true or false: government action favoring racial or ethnic minorities is subject to the same SS standard as action discriminating against racial or ethnic minorities.

Answer 16

TRUE

Question 17

is remedying past discrimination a compelling governmental interest?

Answer 17

YES

Question 18

what kind of “past discrimination” is permissible for the government to remedy (overcomes SS)? (2 rqmts)

Answer 18

past discrimination that is…
1) persistent, and
2) readily identifiable
**NOTE = broad, societal discrimination is too general

Question 19

is having a diverse student body a compelling government interest to permit allow affirmative action in higher education (overcomes SS)?

Answer 19

NO

Question 20

if a plaintiff can show that a redistricting plan was drawn up predominately on the basis of race, what standard is applied?

Answer 20

strict scrutiny

Question 21

true or false: federal alienage classifications are subject to strict scrutiny.

Answer 21

FALSE (subject to rational basis review; congress has broad plenary powers over aliens)

Question 22

true or false: state and local alienage classifications (citizenship status) are subject to strict scrutiny.

Answer 22

TRUE

Question 23

in what 2 circumstances is rational basis review applied when evaluating a state law that discriminates based on alienage?

Answer 23

when the regulation either…
1) discriminates against alien participation in positions/activities that are essential to democratic SELF GOVERNANCE, or
2) discriminates against UNDOCUMENTED aliens

Question 24

what are the QUASI-SUSPECT classifications? (2)

Answer 24

classifications based on:
1) legitimacy, and
2) gender

Question 25

what is the intermediate scrutiny standard?

Answer 25

classification must be substantially related to an important government purpose

Question 26

what is the government’s burden to justify discrimination based on gender?

Answer 26

must show an “exceedingly persuasive justification” for the discrimination

Question 27

true or false: gender classifications based on role stereotypes are generally invalid.

Answer 27

TRUE

Question 28

true or false: gender classifications designed to remedy past discrimination are NOT likely to be upheld under intermediate scrutiny.

Answer 28

FALSE (these are more likely to be upheld)

Question 29

true or false: discriminatory regulations intended to punish all non-marital children are generally INVALID.

Answer 29

TRUE

Question 30

true or false: discriminatory regulations that make distinctions within the class of non-marital children are likely to be INVALID.

Answer 30

FALSE (these are more likely to be valid, likely to have legit purpose)
**EX = law allows non-marital children to recover from fathers’ estates only if parenthood was established before his death

Question 31

what standard are NON-suspect/NON-quasi suspect classifications evaluated under?

Answer 31

rational basis (includes wealth, age, disability)

Question 32

is animus rational? (to pass rational basis review)

Answer 32

NO (if the govt’s only interest in denying a benefit to/imposing a burden on a group of people is a dislike of them, this will NOT pass rational basis review)