Equal Protection Clause Flashcards
What’s the general rule for EPC?
EPC of the 14th Amendment applies to the states and prohibits the government from discrimination. No state shall deny to any person within its jurisdiction the equal protection of the laws.
What’s the basic approach to EPC analysis?
- Is there state action?
- Is there a classification scheme? (Who is being treated differently and why?)
- What standard of review applies?
- Apply the standard of review to facts.
Discriminatory intent
There must be discriminatory intent shown by the governmental treatment. Just because it applies to to people differently doesn’t necessarily require heightened scrutiny.
What is strict scrutiny?
The government must prove under strict scrutiny, that their classification is necessary to achieve a compelling governmental interest.
What is intermediate scrutiny?
Intermediate scrutiny requires the government to prove that the classification is substantially related to achieving an important government interest
What is rational basis?
This is the lowest level of scrutiny. The party bringing the challenge to argue that the classification is not rationally related to a legitimate interest.
Low threshold, and classification will likely be upheld.
What is a suspect classification?
Suspect classifications are those based on race, national origin, and state alienage. Suspect classification are subject to strict scrutiny.
What is quasi-suspect classification?
Includes only those based on gender and illegitimacy . Quasi-suspect classifications are subject to intermediate scrutiny.
What is a nonsuspect classification?
Nonsuspect classifications include everything else not protected as suspect or quasi-suspect. These classifications are subject to rational basis review.
What level of review is used when analyzing fundamental rights under EPC?
Strict Scrutiny
