Standards of Review Flashcards
Who has the burden of proof under strict scrutiny?
Gov’t
What proof is required for strict scrutiny?
Necessary / Compelling
Classification is necessary
to achieve a compelling gov’t interest
When does strict scrutiny apply?
Suspect classifications
Voting
Alienage (if states do it)
Race
National origin
Who has the burden of proof under intermediate scrutiny?
Gov’t
What proof is required for intermediate scrutiny?
Substantially related / Important
Classification is substantially related
to an important gov’t interest
When does intermediate scrutiny apply?
Gender
Illegitimacy
Undocumented alien children
Who has the burden of proof under rational basis review?
Plaintiff
What proof is required for rational basis review?
Not legitimate
Classification serves no legitimate interest
OR
is not rationally related to any legitimate interest
When does rational basis review apply?
Age Alienage (if federal gov't does it) Disability Sexual orientation Wealth
Exceptions to Rational Basis Review
Intentional disparate impact
Discriminatory application
What are the ways to prove discrimination?
- Discriminatory intent
2. Facial discrimination
What is discriminatory intent?
Purposeful intent
Facial discrimination?
Arises where a law, by its very language, create distinctions between classes of persons
