Equal Protection

Question 1

Equal Protection Clause

Answer 1

The Equal Protection Clause of the Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause of the Fourteenth Amendment and Due Process Clause of the Fifth Amendment prohibit federal, state and local governments from treating individuals or classes of individuals differently under similar circumstances without sufficient justification.

Question 2

Fundamental Rights

Answer 2

The government is prohibited from depriving anyone a fundamental right without sufficient justification. The five fundamental rights for equal-protection purposes are the rights to:

1. Vote
2. Access the ballot as a political candidate
3. Travel to another state
4. Marry, procreate, and live as a family unit
5. Access the courts to obtain justice

In analyzing the deprivation of a fundamental right under equal protection, courts will apply strict scrutiny.

Question 3

Classifications subject to heightened scrutiny

Answer 3

Equal protection also limits government action that is based on classifications of groups or individuals. The highest standard of review apply to suspect and semi-suspect classifications.

1. Suspect Classifications: Strict Scrutiny:

Suspect classifications are based on race, religion, national origin, or lawful alienage. Under strict scrutiny, the law is presumed to be invalid, and the government must prove that the law is necessary and narrowly tailored (by using the least restrictive means) to further a compelling government interest.

2. Semi-Suspect Classifications: Intermediate Scrutiny:

Semi (or quasi-suspect) suspect classifications are those based on gender or illegitimate birth. A law that discriminates based on a semi-suspect classification receives intermediate scrutiny. Under this standard, the law is presumed to be invalid, and the government must prove that it is substantially related to an important government interest.

Test: A law will be upheld if it is substantially related to an important government purpose AND it must have an exceedingly persuasive justification (A lot of research and statistics to back it up).

Question 4

Rational Basis Review

Answer 4

Heightened equal protection scrutiny applies only to fundamental rights, suspect classifications, and semi-suspect classifications. Any other law is reviewed under the Rational Basis Standard. Under this standard, the law is presumed to be valid, and the challenger must prove that the law is not rationally related to any legitimate government interest.

Question 5

Facially Neutral Laws

Answer 5

When a law is facially neutral, the challenger must prove:

1. Discriminatory impact AND
2. Discriminatory purpose.

Effect of proving discriminatory purpose:

The defendant needs to offer a race neutral reason for discriminating. But discrimination is never a compelling interest. D will automatically lose.

Question 6

Note***

Answer 6

When you have a right that limits everybody, then it is a Due Process Clause issue.

When it only limits some people, then it is an Equal Protection issue.

Question 7

Equal Protection Analysis

Answer 7

In any Equal Protection challenge, whether it be under the 5th Amendment’s Due Process Clause or 14th Amendment’s Equal Protection Clause, one must determine:

1. Whether state action exists;
2. Whether there is a classification of individuals.
3. If there is a classification, what level of scrutiny applies, and
4. Whether the challenged conduct meets the level of scrutiny?