Kaplan Pgs 132-139 Equal Protection Flashcards
What to amendments apply to equal protection?
The 14th amendment that says that no state can deny any person in its jurisdiction the equal protection of the laws, as well as the due process clause of the fifth amendment
When is the equal protection clause triggered?
When people that are similarly situated are treated differently
What are the three standards of review under the equal protection clause?
– Strict scrutiny
– intermediate scrutiny
– rational basis
Under strict scrutiny the burden of persuasion is on the government to prove that the measure being challenged is necessary to further a compelling interest. What does the word “necessary“ mean?
There is no less restrictive alternative means available. This requires a very close fit between the means in the end
When strict scrutiny is the standard, does the government usually prevail?
No. The government usually fails to prove its burden under the standard, so an equal protection challenge to a law is generally successful and that means the law is presumptively invalid
Under the intermediate scrutiny standard, the burden of persuasion is on the government to show that the measure that is being challenged is substantially related to an important government interest. In this context, what does substantially related mean?
An exceedingly persuasive justification has to be shown.
Is intermediate scrutiny closer to strict scrutiny or rational basis?
Much closer to strict scrutiny
Under the rational basis standard, the burden of persuasion is on the plaintiff to show that the measure being challenged serves no legitimate government interest or is not rationally related to a legitimate interest. In this context, what does rational relationship mean?
That the law cannot be arbitrary or unreasonable
Under the rational basis standard of review, do challenges usually prove successful?
No. Mostly any police power regulation that for there’s a health, safety, or welfare purpose is found to be legitimate and the law is upheld
What kind of things fall under the rational basis classification in equal protection?
Any classification that doesn’t fall under strict or intermediate scrutiny. This includes age, poverty, wealth, disability, the need for necessities of life like food/shelter/clothing/medical care, etc.
What must be shown to trigger a strict scrutiny or intermediate scrutiny analysis under equal protection?
Purposeful discrimination/crematory intent
If the law facially discriminates, that means that its language creates distinctions between classes of people, like white, or male. This very clearly has a discriminatory intent.
But if the law appears neutral on its face, yet its application has a disproportionate effect, strict scrutiny or intermediate scrutiny is only used if the court can find a discriminatory purpose
If a facially neutral lot is applied in a discriminatory manner, as long as the plaintiff can show a discriminatory purpose, it will be invalidated
What are the different suspect classifications under equal protection?
– Strict scrutiny
– intermediate scrutiny
- rational basis
What are the classifications that apply to each of the suspect classifications for equal protection?
- strict scrutiny: race, alienage, national origin, domestic travel, voting (suspect classifications)
– intermediate scrutiny: illegitimacy, gender, undocumented alien children (quasi-suspect) - rational basis: age, some alienage, disability, sexual orientation, wealth, all else
Why was a state law that prohibited interracial marriages held to be unconstitutional?
Because it wasn’t necessary to achieve a compelling state interest under the strict scrutiny standard for equal protection that is applied to a race classification
Classifications based on race, alienage, and national original are presumptively what?
Invalid unless there’s a showing by the state that the measure is necessary to achieve a compelling state interest
Deliberate de jure segregation does what?
Violates equal protection