Equal Protection

Question 1

Race & National Origin

Answer 1

Strict Scrutiny

Proof of classification
* Facial discrimination; and
* Discrimininatory Impact; and
* Discriminatory Intent

Question 2

Classifications Benefiting Minorities

Answer 2

• Strict Scrutiny
• Numerical set-asides require clear proof of past discrimination
• Public & higher education admissions = Can’t consider race to benefit minorities or achieve diversity
• Elementary & secondary school assignments = Strict Scrutiny

Question 3

Gender Classifications

Answer 3

• Intermediate scrutiny & exceedingly persuasive justification

Proof of discrimination:
* Facial discrimination
* Facially neutral = discriminatory impact & discriminatory intent (rational basis used)

Classifications Benefiting Women:
* Intermediate scrutiny (still)
* Not based on role stereotypes
* Can remedy past discrimination or limited opportunities

Question 4

Alienage Classifications

Answer 4

State/local = Strict Scrutiny
* Except: Rational basis if related to self-government
* Government can discriminate against non-citizens with regard to voting, serving on a jury, being a police officer, a teacher, or a probation officer
* Only a rational basis test is used for Congressional discrimination against non-citizen
* Undocumented immigrant children = Probably intermediate scrutiny

Question 5

Discrimination against Non-Marital Children

Answer 5

• Intermediate Scrutiny
• Law benefitting all marital and no non-marital children always fail

Question 6

Other Classifications (Rational Basis)

Answer 6

1. Age discrimination (Usually on MBE, Retirement law, gov always wins)
2. Disability discrimination
3. Wealth discrimination
4. Economic regulations
5. Sexual orientation discrimination