Equal Protection Flashcards
Suspect Class Based On Race or National Origin
When government action INTENTIONALLY discriminates against a class based on race or national origin the courts appies strict scrutiny.
Plaintiff bears the burden to rove the government action is intentional
Three Ways to Prove Intentional Discrimination
Law is discriminatory on its face, law is facially neutral but patently discriminatory in its application, law is applied with discriminatory motive.
Affirmative Action
Any government action that favors racial or ethnic minorities MUST also meet strict scrutiny.
Government must have compelling interest to remedy persistent discrimination, affecting readily identifiable individuals AND program must be narrowly tailored.
RED FLAGS: racial or ethnic quotas, disruption of seniority systems, rigid point systems for school diversification programs.
Narrowly Tailored
Proportionality - within scope of proven injury
Flexibility - able to stop within reasonable time, even if goal is not met through good faith effort
No burden to innocent third parties
Suspect Class Based on Alienage
When federal government intentionally discriminates against any aliens, courts apply rational basis
When state or local government INTENTIONALLY discriminates against resident aliens, court apply strict scrutiny.
Exceptions: participation in self government process, position in political function
When state/local government intentionally discriminates against undocumented aliens they are subject to rational basis review.
Quasi Suspect Classification Based on Gender
When Government action INTENTIONALLY discrimiinates against class based on gender, court applies intermediate scrutiny.
Plaintiff bear burden of proving INTENTIONAL discrimination
Affirmative Actions for Quasi Suspect Class
Any government action that favors women must meet intermediate level scrutiny.
Gender classifications based on role stereotypes will not be allowed.
Quasi Suspect Based on Illegitimacy
When government action INTENTIONALLY discriminates against non-maritial children, courts apply intermediate scrutiny.
Fundamental Rights Classification
When a government action restrict some person in exercise of fundamental rights enjoyed by other courts apply strict scrutiny.
Non Suspect and Non Fundamental Rights
When a government action discriminates on the basis of non-suspect and non-fundamental rights courts apply rational basis review
EXCEPTION: Discrimination based on an unconstitutional purpose of irrational prejudice.
