Equal Protection

Question 1

What is the framework for analyzing an equal protection issue?

Answer 1

Equal protection is implicated whenever the gov’t draws DISTINCTIONS AMONG PPL 3-part framework/analysis… 1) What is the CLASSIFICATION? Classification is determinedeither (i) facially; OR (ii) discrimininatory impact AND purpose 2) What level of SCRUTINY should be applied? 3) Does the law MEET the req’d level of scrutiny?

Question 2

Whichclassifications must meet strict scrutiny under equal protection?

Answer 2

Classifications implicating… 1) Race Numerical set-asides require CLEAR proof of past discrimination Race can be a “factor” in HIGHER edu admissions 2) Alienage/national origin by STATE gov’ts NOTE: certain privileges may be reserved JUST for ciztizens (voting; serving on a jury; being a police officer; public school teacher; probation officer; BUT NOT notary publics) When CONGRESS discriminates against aliens, it need only meet RATIONAL basis 3) Travel (BUT not int’l travel) 4) Voting

Question 3

Whichclassifications must meet intermediate scrutiny under equal protection?

Answer 3

Classifications implicating… 1) Gender Classifications BENEFITTING women: (i)based on ROLE stereotypes will NOT be allowed; BUT (ii) designed to REMEDY past discrimination in opportunity WILL be allowed 2) Illegitimacy (non-marital children) Laws that deny benefits to all non-marital children, BUT grant such benefits to all marital children are unconst 3) Undocumented alien children

Question 4

Whichclassifications must meet rational basis under equal protection?

Answer 4

Classifications implicating all other classifications not subject to heightened scrutiny, like… 1) Age discrimination 2) Disability discrimination(rational basis w/ bite) 3) Wealth discrimination 4) Gov’t economic regulations 5) Sexual orientation discrimination (rational basis w/ bite)