Equal Protection Flashcards
What is the Equal Protection Clause?
No state shall deny to any person within it’s jurisdiction the equal protection of laws.
In other words, people in similar situations should not be treated differently.
When is strict scrutiny applied?
When there is a infringement on a fundamental right or suspect classification.
What is a suspect classification under the EPC?
1) Race
2) Ethnicity
3) National Origin
4) Alienage/Citizenship, if by the state!
Strict Scrutiny!
What is a quasi-suspect classification?
1) Gender
2) Non-marital child
Intermediate Scrutiny!
What is a non-suspect classification?
1) Age
2) Wealth
3) Weight
4) Disability
And any other classifications!
Rational Basis Review!
ESSAY TIP: When should you apply a EPC analysis?
ANYTIME THERE IS DISCRIMINATION OR PREFERENCE BETWEEN PEOPLE
Includes when a state discriminates against out of state parties!
ESSAY TIP: What is required under intermediate scrutiny for EPC claims?
1) Substantially related
2) Important government interest
Does not need to be narrowly tailored!
ESSAY TIP: Aside from intermediate scrutiny, what else must the government demonstrate when discriminating against age?
Must show an exceedingly persuasive justification!
