Equal Protection Flashcards
(5 cards)
Equal protection definition
Applicable to states via 14the amendment.
it applies where a statute or government action treats similarly situated people in a dissimilar manner or singles out one class of persons.
Discriminatory classifications
a. law is discriminatory on its face
b. law is facially neutral but is applied in a discriminatory manner or
c. discriminatory motive exists.
What is RAN and what is Strict scrutiny?
Suspect Class
Race:
Alienage:
Nationality.
The government must show the classification is necessary to serve a compelling government interest
What is GI and what is intermediate scrutiny
Quasi-suspect class
Gender
Illegitimacy.
government must show the classification is substantially related to an important government interest.
What is rational basis
applies to other classes.
PLAINTIFF MUST show the classification is not rationally related to a legitimate government interest.