Equal Protection

Question 1

Equal Protection Claim - Basics

Answer 1

• claim arises whenever gov treats people differently from others
• 14th Am limited to state action
• 5th Am Due Process Clause applies to fed gov

Question 2

Applicable Standards

Answer 2

• fundamental right or suspect classification is involved -> strict scrutiny standard
• quasi-suspect classification -> intermediate scrutiny
• no fundamental rights or suspect/quasi-suspect classifications -> rational basis

Question 3

Proving Discriminatory Classification

Answer 3

• need intent on part of gov to discriminate in order for strict or intermediate scrutiny to apply

Intent may be shown by:
- law discriminates on its face
- discriminatory application of a facially neutral law
- a facially neutral law with a disparate impact on a protected class of people
-> keep in mind that for the last two, you need to show discriminatory intent (effect or application not enough)

Question 4

Suspect Classifications

Answer 4

• race
• national origin
• alienage (only at the state and local levels though)
• all of these get strict scrutiny

Question 5

School Integration

Answer 5

• intentional segregation violates Con, but no violation if school systems + attendance zones established in a racially neutral manner (ex: housing)
• courts can order schools to desegregate if it’s proven that a board has engaged in intentional racial districting, BUT can’t assign students to schools on basis of race for sake of promoting diversity (can only remedy past intentional segregation)

Question 6

Affirmative Action

Answer 6

• gov action that favors racial or ethnic minorities is subject to strict scrutiny
• remedying past discrimination counts as a compelling gov interest (i.e. if gov is doing this, it satisfies strict scrutiny)
  -> vs. can’t use race-based plan to remedy past societal discrimination, need persistent + readily identifiable instance
• diversity is no longer a compelling state interest for higher education

Question 7

Discriminatory Legislative Apportionment

Answer 7

• if pl can show redistricting plan drawn up predominantly on basis of racial considerations, strict scrutiny is triggered -> plan violates Eq Prot unless narrowly tailored to serve compelling gov interest

Question 8

Alienage - Federal Classifications

Answer 8

• Congress has plenary power over non-citizens
• alienage classifications NOT subject to strict scrutiny at federal level
  -> valid if not arbitrary and unreasonable

Question 9

Alienage - State and Local Classifications

Answer 9

• state + local laws on alienage generally subject to strict scrutiny
• exception for participation in self-government process -> rational basis applied if law discriminates against participation of non-citizens in state gov (includes voting, jury service, + elective office)
  -> also used for certain non-elective offices involving important public policy (ex: police officers, probation officers, + primary and secondary schoolteachers)

Question 10

Undocumented Individuals

Answer 10

• NOT a suspect classification
• state laws regarding undocumented folks are subject to rational basis
• denial of pub education to undocumented children is invalid though ->SCOTUS ambiguous on standard, has used language evoking both rational basis and intermediate scrutiny

Question 11

Gender Classifications

Answer 11

• reviewed under intermediate scrutiny -> must be substantially related to an important government purpose
• gov bears burden of showing an “exceedingly persuasive justification” for the discrimination
• those based on role stereotypes are generally invalid
• those designed to remedy past discrimination are more likely to be upheld under intermediate scrutiny

Question 12

Marital vs. Nonmarital Classifications of Children

Answer 12

• reviewed under intermediate scrutiny standard
• must be substantially related to an important gov interest
• discriminatory regs intended to punish nonmarital children are invalid (ex: providing benefits to only marital children)

Question 13

Other Classifications

Answer 13

Include:
- age
- disability
- wealth

• evaluated under the rational basis standard (gov regs usually found valid)

Question 14

Animus Not Rational

Answer 14

• if gov’s only interest in denying a benefit to or imposing a burden on a group of people is a dislike of them, the classification will not meet rational basis review