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Flashcards in Equal Protection 1 Deck (22)
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1
Q

Trigger for EP

A

Classification

2
Q

If a class of people is burdened it is…

A

equal protection

3
Q

if every person is burdened

A

SDP

4
Q

combo of EP and SDP gets ___ review

A

varying standards

5
Q

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

A

Classification of Age-Rb

6
Q

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

A

SDP- impacts all equally

7
Q

difference between EP and SDP

A

EP- groups/classified

SDP- applies to all equally

8
Q

All marraige apps must be over age of 40

A

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

9
Q

Example of how to analyze the plane vaccination hypo

A
  1. Fundamental right to refuse unwanted medical treatmeent.
    or
  2. No fundamental rightto not be vaccinated
    Take 1 approach and GO
10
Q

Starting point for EP–Quote to remember

A

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

11
Q

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

A

ICC

12
Q

RACE is never

A

a reason to classify or group

13
Q

the first issue for EP to handle is

A

what standard of review to use.

14
Q

If things are the same… cant treat differently unless

A

there is a legitimate reason to do so

15
Q

an arbitrary reason is no sufficient to

A

classify.

16
Q

EP requires for classifying

A

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

17
Q

In EP dont analyzethe ____ of the law

A

wiseness, appropriateness

18
Q

where there is plausible reasons (rb)

A

our inquiry is at the end

19
Q

EP isnt WRITTEN into 5th it is..

A

assumed by the courts

20
Q

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

A

race discrimination

21
Q

Race is the most ______ classification

A

suspect

22
Q

ANimus penrose descirbes as

A

ick factor - when law isnt grounded in rationale.