Equal Protection

Question 1

What is the framework for analyzing an equal protection issue?

Answer 1

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) discriminatory impact AND purpose
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

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 citizens (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

Question 3

Whichclassifications must meet intermediate scrutiny under equal protection?

Answer 3

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

All other classifications not subject to heightened scrutiny

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)

Question 5

The one person, one vote principle requires what?

Answer 5

Almost exact mathematical equality between congressional districts within a state.