Equal Protection Clause Basics

Question 1

What is Equal Protection Clause?

Answer 1

No Government shall deprive any person of the Equal protection of the laws

Question 2

What is Strict Scrutiny?

Answer 2

(1) Burden of proof on Government
(2) Compelling State interest
(3) Means Narrowly Tailored to The End

Question 3

What is Intermediate Scrutiny

Answer 3

Important Governmental interest
Means substantially related to the end

Question 4

What is Low Level Scrutiny?

Answer 4

No legitimate governmental interest
Means not rationally related to the end

Question 5

What is Low-Level Scrutiny With a Bite

Answer 5

Legitimate governmental interest
Means rationally related to the end

Question 6

Who has the burden of proof in Strict Scrutiny?

Answer 6

Government

Question 7

Who has burden or proof for Intermediate Scrutiny?

Answer 7

Burden of proof on government

Question 8

Who has burden of proof for Low-Level Scrutiny

Answer 8

Burden of proof on the plaintiff

Question 9

Who has burden of proof for Low Level Scrutiny with a Bite?

Answer 9

Burden of Proof on Government

Question 10

How do we determine which level of scrutiny to apply? (korematsu)

Answer 10

(1) Definied by an “immutable characteristic”?
(2) “History of Discrimination”?
(3) “the ability to protect itself through the political process”?

Question 11

Loving Analysis

Answer 11

(1) Same restriction applied to each race
(2) But same restrictions not applied to each couple of races
(3) So, it is seperate but equal; which is not ok under Brown

Question 12

Bakke Analysis

Answer 12

(1)Race can be used as ‘one factor’ in the admissions process, as diversity is a compelling state interest
But;
(2) Because quotas for colleges that determine on the basis of race
(3) trigger Strict Scrutiny, the college her is wrong.
(4) too, it is facially unconstitutional

Question 13

Students for fair admission Analysis

Answer 13

(1) Race by itself cannot be a plus, nor negative
(2) Compelling government interests must be more specific and measurable than “promoting diversity”
But;
(3) How race affected one’s life can still be used

Question 14

Obergefell Analysis

Answer 14

(1) Marriage, and its benefits, are a fundemental right
(2) Inherent in our concept of ordered liberty
(2a) as a matter of substantive due process
(3) So equal protection means gay people must also get those benefits

Question 15

Roe v Wade Analysis

Answer 15

(1) There are substantive due process rights for abortions
(2) because a right to privacy is one of the pneumbras inherent in our concept of ordered liberties
(3) which are older than the constitution itself; such that it didnt need to be mentioned.

Question 16

Casey Analysis

Answer 16

(1) Creates a two part test - viability and pre-viability
(2) Absolute scrutiny pre viability
and
(3) laws cannot unduely burden access
(4) but can promote health and wellbeing of the mother

Question 17

Dobbs Analysis

Answer 17

Overturns Casey and Roe
Because abortions are not part of history and tradition
nor
an essential component of ordered liberty

Question 18

What special consideration to give to Aliens under the test for heightened scrutiny?

Answer 18

Sometimes it’s strict, other times it’s low level

Question 19

Does the Equal protection clause apply to alienage? Why?

Answer 19

Yes, it can be strict or low level; because the equal protection clause applies to “any person”

Question 20

Richardson (1971) analysis

Answer 20

(1) Because all persons are included in equal protection to life liberty etc.
(2) all lawfully residing residents may get benefits
(3) So, the general rule is strict scrutiny

Question 21

**

Foley (1978) Analysis

Answer 21

(1) Where one is shown to be capable of being a citizen
(2) and it comes to policy/democracy type considerations
(3) Then we can apply low level scrutiny

Question 22

Plyler (1982) analysis

Answer 22

(1) Low Level scrutiny because people who have done something illegal is not a suspect class
(2) Nor is education a fundemental right
but
(3) because controlling parents behavior with kids goes against justice
(3a) and illeteracy will deny them the ability to engage/make better the country
(4) there is no substantial government interest at play

Question 23

Hogan Analysis

Answer 23

(1) Intermediate Scrutiny applies for Sex-Based classifications
(2) So, because there is no important governmental interest in maintaining sex status of nursing
(3) the man must be admitted into the nursing school

Question 24

VMI

Answer 24

(1) Intermediate Scrutiny applies because there are differences between men and women
(2) That should be celebrated, not denigrated
(3) So, they should not be used to prepetuate gender inferiority

Question 25

Is intermediate scrutiny closer to strict or Low-Level?

Answer 25

Strict