Equal Protection Flashcards
Key difference between SDP and EP Review is?
SDP- applies where a law affects the rights of all persons pertaining to a specific activity
EP- applies where a law affects the rights of some persons with respect to a specific activity
EP Strict Scrutiny Applies to:
race
alienage
voting
national origin
EP Intermediate Scrutiny Applies to:
gender
illegitimacy
EP Rational Basis Scrutiny Applies to:
age
poverty/wealth
disability
sexual orientation( no legitimate interest though)
Where a law is neutral on its face but has a disproportionate effect, what is the result?
If there is a discriminatory motive or intent, it will trigger strict or intermediate scrutiny
When may states discriminate against foreign aliens?
In activities where participation in the functioning of government is involved
What scrutiny is applicable to illegal aliens?
Rational Basis
***illegal alien children have a right to free public education (through high school)
When are laws discriminating against men upheld?
When they pass intermediate scrutiny
The only 2 valid justifications for affirmative action are?
1- remedying the effects of past or present discrimination in a particular institution
2- achieving a diverse student body in higher education
**measures must be narrowly tailored and must show other alternatives don’t suffice
When may school districts assign individuals students to schools based on their race?
To remedy past or present government action ( de jure segregation)
***districts may generally redraw school zones or build new schools to achieve integration)
When may school districts NOT assign individuals students to schools based on their race?
when segregation occurred as a result of de facto segregation (social factors)
Affirmative action based on gender gets what type of scrutiny?
Intermediate Scrutiny
