Equal Protection Flashcards
What is required to show that a law is unconstitutional because it disadvantages a suspect class?
The law must have been passed with discriminatory purpose
How do you show discriminatory purpose exists?
- Face of statute
- History of discriminatory application
- Extrinsic evidence about purpose
When are federal law classifications invalid?
When they are arbitrary and unreasonable
When does state law classifications based on alienage trigger strict scrutiny?
- Access to private employment
2. Government benefits
What standard are quasi-suspect classifications of gender and legitimacy reviewed under?
Intermediate scrutiny - law must be substantially related to important government interest
What standard are non-suspect classifications of age and wealth reviewed under?
Rational basis - law must be rationally related to a legitimate government interest
When must a government waive filing fees?
When charging the fees would deny a fundamental right such as divorce, termination of parental rights, etc.
When is racial gerrymandering permitted?
When race is not the predominant or only factor - can be a factor in conjunction with other factors like compactness
