Equal Protection Clause

Question 1

Equal Protection Clause

Answer 1

The EQP of the 14th A guarantees that similarly situated people will be treated similarly. State and local Gs may not discriminate against specific classes of people unless certain standards are met.

Here, P will argue that the law discriminates against her as a____ and as a____, and that there is an impingement of the fundamental right of_____.

Question 2

Facially Discriminatory

Answer 2

A law if facially discriminatory if the text of the law discriminates against a particular class of people. Here,

Question 3

Facially Neutral

Answer 3

When a law is facially neutral, the P must show BOTH a discriminatory IMPACT and a discriminatory INTENT. Here,

Question 4

Suspect Class - Strict Scrutiny

Answer 4

A suspect class includes: race, ethnicity, or national origin. Here,

Whenever there is a suspect class being discriminated agains, the court will apply strict scrutiny, which requires that the law be NECESSARY to achieve a COMPELLING government interest. Here,

Question 5

Affirmative Action

Answer 5

G action that favors a suspect class is subject to the same strict scrutiny standards as is G action that discriminates against that suspect same class. Here,

Question 6

Remedying Past Discrimination

Answer 6

The G has a compelling interest in remedying past discrimination against racial or ethnic groups. However, the past discrimination must have been persistent and readily identifiable, not just a general past “societal discrimination.” Here,

Question 7

Diversity in Public Schools and Universities

Answer 7

Diversity in public schools is NOT a compelling government interest, however, a diverse student body is a compelling G interest with regards to colleges and universities. Admissions officers may consider race as a factor, but may not impose a quota or “plus point” system based on a student’s race or ethnicity. Here,

Question 8

Voting Districts

Answer 8

Race can be considered when drawing voting districts, but CANNOT be the predominate factor. Here,

Question 9

Quasi-Suspect Class - Intermediate Scrutiny

Answer 9

A QSC includes: gender, illegitimacy, and undocumented alien children. Here,

Whenever there is a QSC class being discriminated against, the court will apply intermediate scrutiny test which requires the law to be SUBSTANTIALLY related to an IMPORTANT government interest and there is an exceedingly persuasive justification (with gender). Here,

Question 10

Non-Suspect Class - Rational Basis

Answer 10

A non-suspect class is all classes that do not involve race, national origin, ethnicity, gender, or legitimacy. Here,

Whenever there is a non-suspect class being discriminated against, the court will apply the rational basis test which requires the regulation to be RATIONALLY RELATED to a LEGITIMATE government purpose. The burden is on the challenger. Here,

Question 11

Impingement of a Fundamental Right

Answer 11

Whenever there is a discrimination that impinges upon a fundamental right, then the court will apply the strict scrutiny test. SS requires a showing that the law is NECESSARY to protect a COMPELLING state interest. Here,