Equal Protection Flashcards
(51 cards)
What should be our approach to equal protection questions? (3 questions)
What is the classification?
What level of scrutiny should be applied?
Does this law meet the level of scrutiny?
The EP Clause of the 14th Amendment applies only to . . .
State and Local Governments
EP is applies to whom through the DP Clause of the Fifth Amendment?
Federal Government
Which level of scrutiny applies to classifications based national origin?
Strict Scrutiny
There are two ways to prove the existence of racial classification. What are they?
The classification exists on the face of the law (easy)
Demonstrating both discriminatory impact and intent
If the law is facially neutral, proving a racial classification requires demonstrating which two things?
Discriminatory impact AND
Discriminatory intent
What level of scrutiny is used to evaluate racial classifications BENEFITING minorities?
Strict
Numerical set-asides require ___ proof of _____ discrimination
CLEAR
PAST
Educational institutions may/may not use race as a factor in admissions decisions.
May, as long as they are aiming to help minorities.
If an education institution is going to use race as a factor in admission decisions to help minorities, they must show what?
That there is no race-neutral alternative which could achieve diversity
Can educational institutions add “points” to an applicant’s admission score based on race?
No.
Public school systems may/may not used race as a factor in assigning students to school unless. . .
Strict scrutiny is met.
When Gov’t discriminates of the basis os sex, which level of scrutiny?
Intermediate
The existence of gender classification is proven in one of the two following ways:
The classification exists on the face of the law (easy)
If facially neutral, then by demonstrating both discriminatory impact and intent
Classifications based on gender will be upheld when what is true?
Ramped up IS is met.
Substantially related to an important gov’t purpose AND there is an exceedingly persuasive justification.
What level of scrutiny is applied to gender classifications benefitting women?
intermediate scrutiny
Gender classifications benefitting women that are based on role stereotypes will/will not be allowed.
Will not
Gender classifications that are designed to remedy past discrimination and differences in opportunity will/will not be allowed.
Will
Generally, when classifications are based on alienage, what level of scrutiny?
Strict
If a law is facially neutral, proving a gender classification requires the demonstration of discriminatory impact and intent. If the challenging party can’t prove intent, what level of scrutiny?
RB Review.
Generally, strict scrutiny is used for alienage classifications. In which two situations is the RB test used?
Alien classifications that concern self-government and the democratic process; and
Congressional discrimination against aliens.
The government MAY discriminate on the basis of alienage for the following 5 things:
Voting Jury Service Police officers Teachers Probation officer
It appears as though this level of scrutiny is used for discrimination against undocumented alien children.
Intermediate scrutiny.
What level of scrutiny for discrimination against non-marital children?
Intermediate.
