Suspect Classifications Flashcards
1
Q
What does strict scrutiny apply to?
A
- Race
- Alienage
- National origin
2
Q
What is de jure segregation
A
Segregation by law
3
Q
What is de factor segregation
A
Segregation that is not legally required, but happens through private choice
4
Q
Justifications for affirmative action
A
- remedying the effects of past or present discrimination in a particular institution; and
- achieving a diverse student body in an institute of higher education.
5
Q
What level of scruntiny is required for affirmative action based on race?
A
Strict scrutiny
6
Q
What level of scruntiny is required for affirmative action based on gender?
A
Intermediate scrutiny
7
Q
What suspect classifications get strict scrutiny?
A
- Alienage (if states do it)
- Domestic travel
- National origin
- Race
- Voting
8
Q
What suspect classifications get intermediate scrutiny?
A
- Gender
- Illegitimacy
- Undocumented alien children
9
Q
What suspect classifications get rational basis?
A
- Age
- Alienage (if federal gov’t does it)
- Disability
- Sexual orientation
- Wealth
- All else
10
Q
What scrunity for affirmative action based on gender?
A
Intermediate scrutiny
11
Q
Requirements to show gender discrimination by government?
A
- Need discriminatory intent by government (not just disparate impact)
- Government must show “exceedingly persuasive justification” exists for gender distinction, and separate facilities must be substantially equivalent
