Equal Protection and Substantive Due Process Flashcards
Strict Scrutiny
Addresses a compelling (serious) state interest with no less restrictive means (not under or overinclusive) to achieve the goal
Applies to race, national origin, and fundamental rights–even when meant to remedy harms of past-discrimination
Intermediate Scrutiny
The law serves an important governmental interest and the means are substantially related to carrying out the aims
Applies to gender, and non-marital children
Rational Basis
Law must be rationally related to a legitimate government interest–based upon any conceivable purpose for the law
Suspect Classification Analysis
1) Determined by immutable characteristics
2) Historically subjected to unequal treatment
3) Political powerlessness
Heightened Rational Basis
Evaluates the purpose for the legislation–rather than finding a conceivable purpose–especially when that purpose or intent is clearly discriminatory
Applies to sexual orientation and mentally disabled persons
Facially Race-Neutral Law Analysis
1) Discriminatory impact
2) Proof of a discriminatory purpose
Yes: Apply Strict Scrutiny | No: Apply Rational Basis
Equal Protection Analysis
Q: Whether discrimination as to who can exercise a right is justified by a sufficient purpose
Due Process Analysis
Q: Whether the government interference with a right safeguarded by due process is justified by a sufficient purpose
Fundamental Right Analysis Framework
1) Whether there is a fundamental right
(Whether the right is deeply rooted in the nation’s history and tradition)
2) Whether the right is infringed (the directness and substantiality of the interference)
3) Whether the action is justified by sufficient purpose
4) Whether the means are sufficiently related to the goal sought
Fundamental Rights Protected re: Family Autonomy
a) The Right to Marry
b) The Right to Child Custody
c) The Right to Co-Habitate
d) The Right to Control the Upbringing of Children
If infringed, SS must apply.
Fundamental Right Protected re: Reproductive Autonomy
1) The Right to Procreate–and the choice not to
2) The Right to Purchase and Use Contraceptives–
Abortion Analysis
Dobbs: The majority found abortions not to be a fundamental right as established by history and tradition. Additionally, to expand upon a right not within the constitution should be left to the states as a political question.
Right to Privacy Analysis
For: Implied right supported by the 9th Amendment based upon other protected rights that fall within a “zone of privacy”
Against: The right is not explicit or implicit as it only applies to specific rights that contain aspects of privacy–rather than existing as a right itself–and subject to government interference
