Equal Protection

Question 1

Constitutional Basis

Answer 1

14th Amendment EPC –> states

5th Amendment DPC –> fed gov’t

Question 2

Standards of Review: Strict Scrutiny

Answer 2

least restrictive means to achieve a compelling gov’t interest

-burden is on gov’t to show law is necessary

-applies if a fundamental right or suspect classification is involved (race, ethnicity, national origin, citizenship status)

Question 3

Standards of Review: Intermediate Scrutiny

Answer 3

substantially related to an important gov’t interest

-burden is generally on gov’t to prove law passes

-applies when a classification is based on gender or legitimacy

-gender cases require an “exceedingly persuasive justification” for the classification and that separate facilities are substantially equivalent

Question 4

Standards of Review: Rational Basis

Answer 4

rationally related to a legitimate gov’t interest

-burden is on the challenger to show that the law is arbitrary or irrational

-applies when higher standards do not apply (e.g., age, wealth, weight)

Question 5

Proving Discrimination

Answer 5

to trigger strict scrutiny, there must be discriminatory intent on the part of the gov’t

-disparate effect without intent is insufficient

-discriminatory intent can be shown facially or with discriminatory motive

Question 6

Discriminatory on its Face

Answer 6

a law that, by its very language, creates distinctions between classes of persons

Question 7

Discriminatory Application

Answer 7

a law that is neutral on its face, but applied in a discriminatory fashion

Question 8

Discriminatory Motive

Answer 8

a law that is neutral on its face and in its application, but results in a disparate impact; proof of discriminatory motive or intent is required