Equal Protection Flashcards
Equal Protection Analysis into three questions. What are they
(1) What is the classification?
(2) what is the appropriate level of scrutiny?
(3) Does the governmental action survive the appropriate scrutiny?
Is the classification facially neutral what must be discussed?
If a law is facially neutral then must prove there is a discriminatory impact from the law or discriminatory effects of its administration and requires proof that there is some discriminatory purpose behind the law
What are the tiers of scrutiny that are applied to Equal Protection Analysis
Strict
Intermediate
Rational Basis
What level of scrutiny is required when Strict Scrutiny is applied
Under strict scrutiny, a law must be proven to be necessary (narrowly tailored) to achieve a compelling government purpose. The government has the burden of proof to show that it cannot achieve its goals through any less discriminatory alternative. - must be close fit
What level of scrutiny is required when intermediate scrutiny is applied
Under intermediate scrutiny, a law is upheld if it is substantially related to an important government purpose. The court does not need to find it compelling but it must be important. The means used by the law need not be necessary, but they must bear a substantial relationship to the ends being sought. The burden of proof again remains on the state. - close fit but not as close
What level of scrutiny is required when rational basis review is applied.
Under rational basis review, a law is upheld if it is rationally related to a legitimate government purpose. The governments ends need not be necessary or substantially related ot the end. The court is simply looking for a legitimate ends and rational means. The challenger bears the burden of proof under rational basis review. - very loose fit necessary
What is under inclusive as it relates to Equal protection?
If the law does not apply to individuals who are similar to those to whom the law does apply; if it applies to one it should apply to all
What is over inclusive as it relates to Equal Protection?
if the law sweeps in and applies to those who need not be included in order for the government to acheive its stated purpose
