Equal Protection

Question 1

What is the framework for analyzing an equal protection issue?

Answer 1

Equal protection is implicated whenever the gov’t draws DISTINCTIONS AMONG PPL

3-part framework/analysis…

1) What is the CLASSIFICATION? Classification is determinedeither (i) facially; OR (ii) discrimininatory impact AND intent
2) What level of SCRUTINY should be applied? 3) Does the law MEET the req’d level of scrutiny?

Question 2

Whichclassifications must meet strict scrutiny under equal protection?

Answer 2

Classifications implicating…

1) Race
Numerical set-asides require CLEAR proof of past discrimination (only ever upheld 1)
Race can be one “factor” in HIGHER edu admissions, but must show no race-netural alternative to achieve diversity
Public school systems cannot use race as factor in assigning students to schools unless strict scrutiny met

2) Alienage/national origin by STATE gov’ts NOTE: certain privileges may be reserved JUST for citizens as an integral part of self-governing (voting; serving on a jury; being a police officer; public school teacher; probation officer; BUT NOT notary publics) When CONGRESS discriminates against aliens, it need only meet RATIONAL basis

Question 3

Whichclassifications must meet intermediate scrutiny under equal protection?

Answer 3

Classifications implicating…

1) Gender
Classifications BENEFITTING women: (i)based on ROLE stereotypes will NOT be allowed; BUT (ii) designed to REMEDY past discrimination in opportunity WILL be allowed

2) Illegitimacy (non-marital children) Laws that deny benefits to all non-marital children, BUT grant such benefits to all marital children are unconst
3) Undocumented alien children

Question 4

Whichclassifications must meet rational basis under equal protection?

Answer 4

Classifications implicating all other classifications not subject to heightened scrutiny, like…

1) Age discrimination
2) Disability discrimination(rational basis w/ bite) 3) Wealth discrimination
4) Gov’t economic regulations
5) Sexual orientation discrimination (rational basis w/ bite)
6) undocumented aliens (NOTE: appears children of undocumented aliens get intermediate scrutiny)
7) Alienage classifications related to self govt and democratic process

Question 5

What is the source of equal protection for states and local govt? For federal govt?

Answer 5

State and local = 14th Am.

Fed = 5th Am. due process clause