Standards of Review Flashcards
Who has the burden of proof under strict scrutiny?
Gov’t
What proof is required for strict scrutiny?
is the law NECESSARY to achieve a compelling government interest
–must be the LEAST RESTRICTIVE MEANS
When does strict scrutiny apply?
Suspect Classifications: race, ethnicity, national origin, alienage,
Fundamental Rights: Travel, Voting, Privacy, 2nd Amendment (firearm)
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, legitimacy, Undocumented alien children
Who has the burden of proof under rational basis review?
Plaintiff
What proof is required for rational basis review?
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
- In practice, applied to laws related to lifestyle, taxation, zoning, and punitive damages
Exceptions to Rational Basis Review to trigger strict/intermediate scrutiny
Show a disparate impact + DIscriminatory Intent/motive
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
