Equal Protection Flashcards
What is the framework for analyzing an equal protection issue?
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 purpose 2) What level of SCRUTINY should be applied? 3) Does the law MEET the req’d level of scrutiny?
Whichclassifications must meet strict scrutiny under equal protection?
Classifications implicating… 1) Race Numerical set-asides require CLEAR proof of past discrimination Race can be a “factor” in HIGHER edu admissions 2) Alienage/national origin by STATE gov’ts NOTE: certain privileges may be reserved JUST for ciztizens (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 3) Travel (BUT not int’l travel) 4) Voting
Whichclassifications must meet intermediate scrutiny under equal protection?
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
Whichclassifications must meet rational basis under equal protection?
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)
