Equal Protection 1 Flashcards Preview

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Flashcards in Equal Protection 1 Deck (22):
1

Trigger for EP

Classification

2

If a class of people is burdened it is...

equal protection

3

if every person is burdened

SDP

4

combo of EP and SDP gets ___ review

varying standards

5

EP example" All teachers at schools must be over age of 40"

Classification of Age-Rb

6

All individuals must receive flu shot to be able to fly in the US. This is example of

SDP- impacts all equally

7

difference between EP and SDP

EP- groups/classified
SDP- applies to all equally

8

All marraige apps must be over age of 40

marriage-fundamental right, ss- procreation is also SS, age RB. bOTH SDP and EP issues

9

Example of how to analyze the plane vaccination hypo

1. Fundamental right to refuse unwanted medical treatmeent.
or
2. No fundamental rightto not be vaccinated
Take 1 approach and GO

10

Starting point for EP--Quote to remember

Equal protection does not require those things that are different to be treated the same.

11

In both SDP and EP it doesnt matter who (feds/state) passed the law. It does matter who poasses laws for

ICC

12

RACE is never

a reason to classify or group

13

the first issue for EP to handle is

what standard of review to use.

14

If things are the same... cant treat differently unless

there is a legitimate reason to do so

15

an arbitrary reason is no sufficient to

classify.

16

EP requires for classifying

Must be based on real and substantive difference having reasonable relation to the subject of the legislation.

17

In EP dont analyzethe ____ of the law

wiseness, appropriateness

18

where there is plausible reasons (rb)

our inquiry is at the end

19

EP isnt WRITTEN into 5th it is..

assumed by the courts

20

Central and core component of 14th is to eliminate all forms of

race discrimination

21

Race is the most ______ classification

suspect

22

ANimus penrose descirbes as

ick factor - when law isnt grounded in rationale.