Equal Protection (5A & 14A)

Question 1

equal protection analysis

Answer 1

prohibits the govt from denying citizens equal protection of the laws
- 14A: applicable to states
- 5A: applicable to fed govt

Question 2

discriminatory classification

Answer 2

exists when:
1. a law is discriminatory on its face,
2. a law is facially neutral but is applied in a discriminatory manner, OR
3. there’s a discriminatory motive (when the law is facially neutral but creates a disparate impact)

Question 3

classification laws

Answer 3

when laws classify people into groups, apply the appropriate test below based on the type of class:
1. strict scrutiny
2. intermediate scrutiny
3. rational basis

Question 4

strict scrutiny

Answer 4

govt must show the classification is necessary to serve a compelling government interest

Question 5

strict scrutiny classes

Answer 5

suspect class
- race
- nationality
- alienage classification under state law

OR infringes on a fundamental right

Question 6

intermediate scrutiny

Answer 6

govt must show the classification is substantially related to an important governmental interest

Question 7

intermediate scrutiny classes

Answer 7

quasi-suspect class
- gender/sex
- non-marital children
- sexual orientation/gender identity (most likely)

Question 8

rational basis

Answer 8

plaintiff must show the classification is NOT rationally related to a legitimate government interest
- legitimate = any conceivable interest is sufficient

Question 9

rational basis class

Answer 9

all other classes