Equal protection

Question 1

Level of scrutiny for race

Answer 1

As of Loving v. VA racial terms now trigger strict scrutiny

Question 2

Is de jure or re facto discrimination required for strct scrutiny?

Answer 2

Strict scrutiny is triggered only by a showing of de jure (by law)discrimination.

Question 3

When is De Jure discrimination shown?

Answer 3

1. Term: race is used as a term in the statute
2. Administration: there is evidence that the policy is not applied evenly
3. Purpose: When there is a showing of intent to discriminate by race.

Question 4

Washington v. Davise

Adoption of Test 21 for police hiring

Answer 4

Knowledge of disparate impact is not purpose to discriminate.

intention by knowledge, like in torts, is not applied here

Question 5

When will the court consider statistics in finding De Jure discrimination by admiration

Answer 5

Basically needs to have facts like Yick Wo

Question 6

degrees of underrepresentation as de jure discrimination

Answer 6

If a discrepancy is sufficently large, then it is unlikely that it is due soley to chance or accident, & w/o evidence to the contrary, once must conclude that race is a factor

De Jure as to purpose

This is inconsistant though. A panel of 11 white people and 2 blacks in Philly wasn’t enough.

Question 7

Parents involved

Answer 7

Statutes can not use racial catagories to remedy de facto segregation, only remedial use is permitted.

“If the schools segregate de jure then you can desegregate de jure” -L.

Question 8

Under incusion

Answer 8

claim that a statute is underinclusive means that not all members of the class causing the harm at which the statute is aimed are regulated.

Why aren’t you regulating them? They’re as bad as I am.

Question 9

Over inclusion

Answer 9

Overinclusion means that a party that is regulated is not part of the class causing the harm.

Why are you regulating me? I’m not the problem.

Question 10

When is a staute allowed to be over or under inclusive

Answer 10

rational basis but unconstitutional in all levels of scrutiny

Question 11

How may the gov’t fail rational basis

Answer 11

• The government’s interest may be deemed not to be legitimate
• the means pursued may be irrational

Question 12

Review for sex based discrimination

Answer 12

At least intermediate scrutiny. Must be Substantially related to achievement of important state objective. Closer to strict scrutiny than to rational basis review.

Question 13

Real differences

Answer 13

For purposes of legal analysis race does not exist, but physical differences between sexes does but must be biological. There can also be discrimination to remedy prior discrimination against woman.

Question 14

Is excluding pregnancy and childbirth from insurance from insurance gender discrimination?

Answer 14

No, while all pregnant persons are women the category of nonpregnant persons contains women and men.

Question 15

Why was the women only nursing school not upheld as remedying gender discrimination?

Answer 15

It perpetuated sterotypes

Single sex schools in STEM are overcoming sexism and would be allowed as of 2006

Question 16

Level of scrutiny for disrimination based on sexual orientation

Answer 16

Ratiional basis

Question 17

Why was Obergerfell strict srutiny and not rational basis?

Answer 17

The case was based on the fundemental right to marry, not based on the group rights of homosexual couples

Question 18

Standard for discrimination based on Alienage

Answer 18

often strict scrutiny

Question 19

Federal statutes that discriminate based on alienage

Answer 19

Federal statues don’t trigger strict scrutiny because of congressional authority over immigration. Even if the courts are applying equal protection or due process.

Only rational basis cor congressional dicrimination

Question 20

Level of scrutiny for non-citizens for things that relate to self-governance and the democratic process

Answer 20

rational basis

Can be denied the right to vote, be on jurys, be cops, teachers, etc

Question 21

level of scrutiny for undocumented children

Answer 21

intermediate scrutiny

Plyler: undocumented kids can still attend public schools

Question 22

Does the creation of a disrict with a majority of minority citizens trigger strict scrutiny?

Answer 22

Only when it was intentional and race predominates

If it is to be compliant with the voting rights act then that is a compelling state interest

Question 23

Why is paying for a marriage license a bit of an anomoly?

Answer 23

It is charging for a fundamental right

Denial of a fundamental right is a violation of equal protection

Question 24

Is a requirment for someone to have children or taxable property in an area in order to vote in school board elections proper?

Answer 24

No, this is a denial of a funamental right. Everyone would have an interest as taxes go to paying for public schools.

Question 25

What are the three rights contained in the right to travel

Answer 25

* physical movement among states * Visitor's rights (buy/sell prop, work, & do other things * the right to relocate

Question 26

Intermediate scrutinty

Question 27

When is the principle of one person, one vote generally inapplicable?

Answer 27

Where there is an at-large system of election (except where the system is adopted for discriminatory purposes)

Question 28

Have any residency requirments for the right to vote been upheld?

Answer 28

Relatively short residency requirements (e.g., 30 days) have been upheld as being necessary to promote the compelling interest of assuring that only bona fide residents vote.