Equal Protection Flashcards
Suspect Classification
Based on race, national origin, or alienage.
STRICT SCRUTINY
Facial Discrimination
By its very language, law is discriminatory
Facially race neutral
Neutral on its face but discriminatory in application Must show discriminatory impact and intent
Discriminatory Motive
A law that’s neutral on its face and application
Affirmative Action - Benign Gov Discrimination
Programs that FAVOR minorities are subject to strict scrutiny
Public Education and Race
Race can be used as a plus factor in admitting someone, but you cat do it just for the quota..that’s unconstitutional.
Racial Gerrymandering
Race may not be the predominant factor in determining the boundary lines of legislative districts.
Alienage: State classifications
Generally struck down. laws that discriminate against out of state aliens. (SS)
EXCEPTION = participation in gov functions. RBR.
Undocumented Aliens
Can’t be denied public education.
Quasi-Suspect Classifications
Gender & Legitimacy. INTERMEDIATE SCRUTINY
Discrimination against women
Invalid. but classifications benefitting women DESIGNED to remedy past discrimination is valid.
Intentional Discrimination against Men
Generally invalid, except where intermediate scrutiny is proven (i.e. rape laws, male drafts, etc.)
Legitimacy
Regulations punishing non marital children are invalid. A benefit to some non-marital kids, but not all is ok if met intermediate scrutiny.
Non-Suspect Classifications
Age, Poverty, Sexual Orientation
All subject to RBR.
