Equal protection (what class are they in)

Question 1

age

Answer 1

not a suspect or quasi suspect class.
regulations that you need to retire at a certain age.

Question 2

wealth

Answer 2

not a suspect or quasi suspect class.
A state statute says that low income housing can be in any community if a majority of voters pass the bill in your town…you challenge because you want the low income housing, this is rational basis/ based on wealth.

Question 3

mental condition

Answer 3

not a suspect or quasi suspect class.
based on mental illness or an intellectual disability.

Question 4

sexual orientation

Answer 4

not a suspect or quasi suspect class.
note that anti gay legislation will likely trigger rational basis with a bite.

Question 5

Race, Origin and alienage

Answer 5

there are all suspect classes

Question 6

child custody or child adoption law

Answer 6

look for racial purity issues that may motivate state officials.

Question 7

forms that require race

Answer 7

if you are running for congress and the ballot requires your race.

Question 8

segregation

Answer 8

two main areas are education and housing.

Question 9

housing

Answer 9

a town puts the low income housing in the largely Black part of town. there was an example of segregation in prison to keep prisoners safe…this needs to be looked ath though strict scrutiny .

Question 10

affirmative action (schools and other govt entities)

Answer 10

1. many times schools for other govt facilities can get around affirmative action if they have had issues in their department in the past that they are trying to remedy.
2. you need clear evidence that the discrimination actually occurred.
3. redress by actions created by society as a whole is not enough.

Question 11

affirmative action for college admissions
(preference to college admission)

Answer 11

can use race as a plus factor if applicants are tied, but cannot give them 20 extra point (university of michigan)

Question 12

affirmative action by quota

Answer 12

inflexible quotas, dollar amounts or set asides are likely to be shot down.

Question 13

race preference for High Schools

Answer 13

not allowed.

Question 14

minority set-asides for govt contracts

Answer 14

generally struck down, whether if contract is state or federal.

Question 15

layoffs

Answer 15

cannot have racial preference when laying off people

Question 16

promotions (raced based promotions)

Answer 16

will be hard to pass strict scrutiny

Question 17

gerrymandering by race

Answer 17

was race the predominant factor? is so this is not allowed to achieve a compelling govt interest.

Question 18

creating a maximum number of Black voting districts

Answer 18

this is not allowed

Question 19

police and operations issues

Answer 19

lets say that you need a lot of spanish speakers on the southern border. you enact a race conscious policy. this is not good.

Question 20

stereotypes

Answer 20

intermediate scrutiny: a womans place is in the kitchen, men should pay alimony because they are the bread winner, children are rambunctious.

Question 21

racial isolation

Answer 21

this is a tricky one: justice kennedy acknowledged that this could be a protected right.

Question 22

affirmative action govt hiring

Answer 22

all laws that purposely discriminate are on the basis of race need to pass strict scrutiny: (plus factor as a goal to remedy past discrimination or to promote diversity) all are suspect. if using past discrimination it needs to be discrimination caused by the local govt entity that is trying to remedy for past abuse.

Question 23

Affirmative action and benign purposes (do not confuse with other benign purposes)

Answer 23

Strict scrutiny: in croson the could look to see if the benign classification are not “in fact motivated by illegitimate notions of racial inferiority or simple racial politics” and to assure that they do not inflict stigmatig harm on those they are intended to benefit. this was contract set-asides for the city of richmond virginia.

Question 24

Affirmative action and the Atterant case

Answer 24

all racial classifications, imposed by state, federal or local actors will meet strict scrutiny.

Question 25

popular vote to abolish affirmative actions in education

Answer 25

you can abolish affirmative action in education. Schuette v. BAMN

Question 26

Popular vote to amend constitution to ban other race conscious affirmative action

Answer 26

It seems like Schuette v. BAMN has opened that door. The only potential exception is where the govt has directly or indirectly contributed to the discrimination.

Question 27

mid level review

Answer 27

the objective must be important and the means of achieving it must be substantially related to the objective. the court will not hypothesize objectives.

Question 28

EP intermediate scrutiny we look at Gender issues along with illegitimacy issues

Answer 28

we look at “invidious (intended to hurt a group in the classification) or “Benign”- intended to help a group in the classification or to redress past discrimination).

The law can attack both male and female. (think the alcohol sales to male who needed to be a higher age than females. this was because males mature slower (the could also fall under a stereotype).

Purpose: only subject to mid level scrutiny if discrimination was intentional. un-intended burden means mere rationality. (veterans get preference, even though most veterans are male, it is an unintended consequence.

Question 29

Gender: stereotypes.

Answer 29

when you see sex based classifications, they can be both man and woman: think men paying alimony or the Virginia military institute case.

Question 30

if the burden is un-intended then is the case dropped?

Answer 30

un-intended burden means we use mere rationality.

Question 31

gender mid-level review with a bite

Answer 31

the courts now say that you need: “exceedingly persuasive justification”

Question 32

Illegitimacy:

Answer 32

mid level Cannot just simply BAR illegitimate children from bringing: wrongful death claims, you must give children some reasonable opportunity to obtain a judicial declaration of paternity. if declared a child then have the same right as legitimate children.

Question 33

Illegitimacy: example

Answer 33

a state puts a statute of limitations on Illegitimate children child support. what is the important government objective? if it is avoiding stale claims this is not good enought

Question 34

Alienage:

Answer 34

semi suspect category: depending on the circumstances it is either strict scrutiny or rational basis

Question 35

Alienage

Answer 35

strict scrutiny discrimination against someone who is not YET a citizen of the united states.

Question 36

alienage do not confuse with national origin

Answer 36

if some is a naturalized citizen and is being discriminated against because they are of Mexican descent, this is national origin

Question 37

alienage

Answer 37

cannot deny alienage from state welfare
cannot prevent resident aliens from practicing law,

Question 38

alienage “function at the heart of representative govt

Answer 38

a job that has close ties to politics, justice or public policy. the review here is rational basis. so if any law discriminates against someone looking for one of these jobs it statute is likely to be upheld.

Question 39

education of illegal aliens

Answer 39

intermediate scrutiny and likely to be struck down.

Question 40

unpopular groups

Answer 40

elderly or disabled may possibly trigger strict scrutiny

Question 41

congressional affirmative action plans

Answer 41

mid level review

Question 42

unequal treatment of gays and fundamental rights

Answer 42

1. marriage- fundamental right and states must give marriage licenses
2. they are not a suspect or quasi- suspect class.
3. strict scrutiny?? no level of scrutiny mentioned!!!

Question 43

unequal treatment of gays and NON-Fundamental right

Answer 43

mere rational w/ BITE

Question 44

unpopular minority and Animus

Answer 44

a law based solely on animus towards an unpopular minority cannot be a legitimate government interest. this will fail mere rational basis every time.

Question 45

same-sex marriage