Equal Protections of the Law Flashcards
What are the three standards of review?
1) rational basis
2) intermediate scrutiny
3) strict scrutiny
What is rational basis?
Plaintiff must prove no rational relation to any legitimate governmental interest
Plaintiff will almost always lose under a rational basis test and the government generally prevails
What is intermediate scrutiny?
Government must prove its classification is substantially related to an important government interest
What is strict scrutiny?
Government must prove its classification is necessary to achieve a compelling government interest
What is the effect of a measure being challenged that is intended to have a racially disproportionate effect?
It was intentional discriminatino and will face strict scrutiny
What happens if a neutral standard is being applied in a discriminatory way?
Will face strict scrutiny
Generally what categories are subject to a rational basis analysis?
age, alienage, disability, sexual orientation, wealth, undocumented immigrant children, all else
(these are considered non-suspect classifications)
Generally what categories are subject ot intermediate scrutiny?
Gender, illegitimacy
(these are quasi-suspect classifications)
Generally what categories are subject to strict scrutiny?
alienage (state), domestic travel, national origin, race, voting
(suspect classifications)
What is de jure segregation?
Laws that deliberately segregate on the basis of race (will face strict scrutiny and almost always be found unconstitutional)
What is de facto segregation?
Segregation in fact but not by operation of law (there is no state action so it is not discrimination)
What is rational basis “with teeth” (and when might it be applied?)
It simply applies a more rigorous examination of the government’s purpose for imposing a law - sexual orientation is typically reviewed with rational basis with teeth
