Equal Protection

Question 1

What is the framework for analyzing an equal protection issue?

Answer 1

Equal protection is implicated whenever the government draws DISTINCTIONS AMONG PEOPLE

3-part framework/analysis…

1) What is the CLASSIFICATION?
(i) facially; OR
(ii) discrimininatory impact AND purpose

2) What level of SCRUTINY should be applied?
3) Does the law MEET the required 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
• • Race can be a factor in HIGHER education admissions

2) Alienage/national origin by STATE governments

** 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 international travel)
4) Voting

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 unconstitutional

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 with bite)
3) Wealth discrimination
4) Government economic regulations
5) Sexual orientation discrimination (rational basis with bite)