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Question 1

How does the burden of proof work for the equal protection clause?

Answer 1

– Classifications that don’t affect fundamental rights and are not based on suspect or quasi-suspect classifications presume that the legislature acted within its constitutional power even if the impact is that there is some inequality. The plaintiff has the burden to prove there was no rational basis for the classification.
– Once a plaintiff proves discrimination was a factor, the burden shifts to the government to rebut the presumption by showing a discriminatory purpose wasn’t the basis for the action, or proving that the same result would’ve happened even if the discrimination wasn’t involved. The government must prove that the classification was necessary to a compelling interest

Question 2

If an individual believes he has been treated by the government in a way that is totally different from others that are similarly situated, does he have an equal protection claim even though he is just a class of one?

Answer 2

Yes. But the government only needs a rational argument for why the separate treatment of an individual was a reasonable way to promote a legitimate interest

Question 3

If legislation is meant to harm unpopular groups, and there’s no purpose for the class besides denying a benefit to a group and a desire to discriminate, what happens?

Answer 3

The legislation is held to be invalid under the equal protection clause

Question 4

If zoning forbids group homes, could that be held invalid under the equal protection clause?

Answer 4

Yes, because the state had no reason to justify it besides the desire to discriminate against disabled people. A desire to harm or disfavour a group of people is not a legitimate end to support a class

Question 5

How do classifications work within the equal protection clause?

Answer 5

There’s usually one or more classifications or the benefits or burdens of the policy fall unevenly on individuals because of membership in some group of shared characteristics. If the characteristics of the class bear no rational relationship to the purpose of the policy, the affected people will have an equal protection claim

Question 6

Do statutes that create classifications based on alienage violate the equal protection clause?

Answer 6

Not if they are rationally related to a legitimate government interest.

Ie: when Congress declared war on Iran and then passed a statute saying that all Iranian aliens living in the States had to leave, that was rationally related to a legitimate government interest in security

Question 7

Do states have much latitude in regulating their local economies?

Answer 7

Yes, and under their police powers to. That is why the judiciary does not super-legislate policy in areas that do not affect fundamental rights

Question 8

What kind of words create classifications under the equal protection clause?

Answer 8

Adjectives. Intentional discrimination is forbidden

Question 9

Does the equal protection clause guarantee equal rights or say that the law cannot make distinctions that are meaningfully dissimilar?

Answer 9

No

Question 10

In order for a law to be struck down under the equal protection clause is it necessary that the discrimination be the sole or primary purpose?

Answer 10

No, it just has to be one objective

Question 11

How do peremptory challenges relate to the equal protection clause?

Answer 11

If the gov is using a peremptory challenge to strike jurors of a certain race, you have to ask these questions:
– did the D establish a prima facie case based on all facts creating an inference of discriminatory purpose? If so, the burden shifts to the state to provide a race neutral justification
– the court decides if the P has proven purposeful racial discrimination. If it has been shown that a discriminatory intent was the substantial motivating factor in an action by the state…
– the burden shifts to the party that is defending to show that it was not determinative

Question 12

Can private litigants in civil cases use peremptory challenges to exclude jurors based on race?

Answer 12

No. This isn’t state action technically, but the use of these challenges is so intertwined with the operation of the court process that a private party’s actions are deemed sufficient to be state action and therefore this falls under the equal protection clause

Question 13

Who has to be the one discriminating in order for the equal protection clause to apply?

Answer 13

The government and not private individuals (except for peremptory challenges).

Question 14

If city voters choose a discriminatory policy, is that enough for an equal protection action?

Answer 14

No, because the private person’s racial expression is not state action

Question 15

If an action doesn’t involve the government, does it violate the equal protection clause?

Answer 15

No, and the state has no duty to remedy something they didn’t cause.

Ie: equal pay for women doesn’t come up here because it is a private employer’s action and is not governed by the constitution since there’s no state action

Question 16

What is the difference between de jure discrimination and de facto discrimination?

Answer 16

• de jure discrimination: “by law.” This is a class that is the product of the law that requires it. This is the same thing as discrimination “on its face.”

Ie: segregation because of a law that requires a dual school system.

– de facto discrimination: “by the facts.“ Separation of people by race that isn’t a result of intentional racial discrimination by the government. This is a label for an identifiable group that has a disproportionate amount of benefits or burdens in society. This is the same as “as applied.“

Question 17

How do you approach an equal protection issue on an essay?

Answer 17

– What is the classification at issue? i.e: residents versus non-residents
– what is the purpose of the law and is it legitimate or suspect?
– Is there a fundamental right involved?
– what is the standard of review and the burden of proof/the level of scrutiny?
– what is the extent that the characteristics of classes correspond to or serve purposes of law at issue and does the government action meet that level of scrutiny?
– Apply the appropriate standard of review to the analysis

Question 18

What are the three standards of review for equal protection?

Answer 18

1) traditional equal protection: rationally related to a legitimate government interest
2) intermediate review: important government objective and substantially related to the objective
3) strict scrutiny: compelling interest test and narrowly tailored

Question 19

What is involved in the traditional equal protection standard of review?

Answer 19

Rationally related to a legitimate government interest. This requires a rational relationship and involves minimal judicial scrutiny. This is used when a claim is not based on a suspect class or grounded in a fundamental right.

Question 20

Who has the burden of proof under the traditional equal protection standard of review?

Answer 20

The plaintiff must prove that the class was not rationally related to furthering a legitimate government interest and that the class is arbitrary or capricious. This is almost impossible for plaintiff to prove

The state then must show that there is a plausible public policy reason for the class and the relationship to its goal is not so attenuated to make it arbitrary or irrational. There’s a strong presumption of constitutionality under this review standard

Question 21

When will the court invalidate a law under the traditional standard of review for equal protection?

Answer 21

Only if there is no rational relationship to any legitimate government interest. A class relating to this doesn’t have to be truly reasonable to be upheld. If it can be said to advance some legitimate interest of society, courts defer to the legislature and uphold it.