Equal Protection Flashcards
Equal Protection Analysis
- Is there a governmental action that creates a classification?
- What is the classification?
Facially discriminatory
Discriminatory application
Discriminatory motive - What level of scrutiny applies?
4. Is the government justified under the appropriate level of scrutiny? Ends Means Under inclusive Over inclusive
Constitutional Basis for Equal Protection
- State: 14th Amendment
2. Federal: 5th Amendment Due Process Clause
Facially Discriminatory
Clear on the face of the statute
Discriminatory Application
Government action administering the statute
Discriminatory Motive
Facially neutral law and application that still results in a discriminatory impact
Requires discriminatory intent or application to be unconstitutional
Equal Protection Strict Scrutiny
- Compelling interest
- No less discriminatory alternative
Burden on government
Fundamental rights, national origin, ethnicity, alienage, and race
Equal Protection Intermediate Scrutiny
- Important interest
- A substantial relationship between the classification and the interest
Burden on government
Gender, illegitimacy
Gender requires an exceedingly persuasive justification
Equal Protection Rational Basis
No rational relation to a legitimate government purpose
Burden on challenger
Age, weight, wealth, anything else
Rational Basis with Bite
No rational relation to a legitimate government purpose
But will be struck down if government acted out of animus or fear
Sexual orientation
Developmental disability
Ends (Government Action)
Government’s purpose
Means (Government Action)
How government regulation relates to achieving the government’s purpose
Under Inclusive
Does not apply to individuals who are similar to those to whom the law does apply
Over Inclusive
Applies to those who need not be included in order for the government to achieve its purpose
Suspect Classification
Strict Scrutiny
National origin
Ethnicity
Alienage (state law)
Race
Quasi Suspect Classification
Intermediate Scrutiny
Gender - exceedingly persuasive
Illegitimacy
Rational Basis with Bite Classifications
Sexual orientation
Developmental disorders
Rational Basis Classification
Anything else
Age
Weight
Wealth
Fundamental Rights
Strict Scrutiny
Right to vote
Right to travel
Right of access to courts
Not a Fundamental Right
Right to education
Right to welfare
De Jure Segregation
Actual segregation law
Usually unconstitutional
States with de facto segregation have a compelling interest in remedying past discrimination
De Facto Segregation
Segregation that is not done by law and happens as a result of personal choice
Does not necessarily give rise to a compelling interest in remedying past discrimination
Brown v. Board of Ed
I. Moral judgment that racial segregation is inherently discriminatory
Racial segregation in public education is unconstitutional
II. School desegregation should occur with deliberate speed (2-3 decades)
Parents Involved v. Seattle Schools
Cannot use race to assign schools
Must meet strict scrutiny
Alienage Classification
Federal: congress has plenary power so only invalid if arbitrary and unreasonable
State: strict scrutiny
Exception: participation in the government functions (involved in political process, using discretion)
