Equal Protection Clause

Question 1

Reverse Incorporation

Answer 1

Equal Protection Clause applied to federal government through the 5th Amendment

Question 2

Incorporation Doctrine

Answer 2

BoR and Enumerated Fundamental Rights are applied to states thu the 14th AM

Question 3

Basic Premise of EPC

Answer 3

similarly situated persons must be treated in the same manner.

Question 4

Analytical framework of EPC

Answer 4

(1) What is the Classification
-What groups is the law creating? -Who is being discriminated?
(2) What is the appropriate level of scrutiny

Question 5

Ends Means Analysis

Answer 5

Does the classification (means of classifying people) justifiably fit the purpose (ends) of the regulation?

Question 6

Facial Classification

Answer 6

The text of law explicitly classifies individuals based on protected characteristic, such as race or gender.

Question 7

Facially Neutral

Answer 7

Law does not explicitly classify individuals based on protected categories, but could violate EPC if enacted with a Disc. Purpose AND Disc. Effect on a protected group.

Question 8

Strict Scrutiny

Answer 8

(law) necessary to achieve compelling government interest and interest is narrowly tailored.

Question 9

Intermediate Scrutiny

Answer 9

(Law) is substantially related to important government interest.

Question 10

Rational Basis

Answer 10

Law is upheld if it is rationally related to a legitimate government interest.

Question 11

Traditional Police Purpose (under RB)

Answer 11

protecting safety, public health, or public morals.

Question 12

(RB) Actual or Conceivable Purpose

Answer 12

Any conceivable legislative purpose is sufficient

Question 13

Under/Over inclusiveness under RB

Answer 13

under RB there can be under/over inclusiveness
(methadone clinic v drug addiction)

Question 14

One Step Approach under RB

Answer 14

legislature only needs to take one rational step toward solving a perceived problem.

Question 15

Arbitrary, unreasonable, animosity under RB

Answer 15

Will fail RB for animosity (repealing gay protections, and no food stamps for hippies), as well as arbitrary and unreasonable (mentally handicapped living center near school)

Question 16

SS for discrimination based on Race or National Origin

Answer 16

Government must demonstrate classification is necessary to achieve a compelling state purpose.
Necessary = goal cannot be achieved by any less discriminatory means.

Question 17

Equal Application under SS for racial discrimination

Answer 17

Loving v. Virginia: insufficient to remove invidiousness of racial classification

Question 18

Narrowly Tailored (SS)

Answer 18

over/under inclusiveness must be minimal

Question 19

(4) Why race/nat orig qualify SS

Answer 19

(1) intent of 14th
(2) US history: institutional/private racism
(3) political process failure
(4) immutable characteristic

Question 20

(3) Facial: proving race/nat or class

Answer 20

(1) disadvantaging minorities; (2) burdening both whites and minorities; (3) laws requiring separation of races.

Question 21

(2) Proving facially neutral qualifies SS

Answer 21

Purpose AND Effect REQUIRED
(1) Discriminatory Purpose or Administration
(2) Discriminatory impact

Question 22

(3.5) Suspect Classifications

Answer 22

(1) race
(2) National origin
(3) religion
(4) alienage*
Alienage only SS for state, RB for federal and state employment

Question 23

Brown v. Board of Education Impact

Answer 23

separate but equal rejected (stigma, psych harm, social hierarchy)

Question 24

(3, or more) Ways to prove Discriminatory Purpose (race or gender)

Answer 24

(1) stats unexplainable on grounds other than race
(2) historical background of decision
(3) legislative/administrative history

Question 25

(4) Benign (reverse) discrimination level of scrutiny

Answer 25

SS (1) must further a compelling interest (sufficiently measurable) (2) in a narrowly tailored way (3) must never use race as a negative or as a stereotype (4) MUST END

Question 26

(3) Grutter v. Bollinger

Answer 26

(1) educational benefits of student diversity can be a compelling interest (2) evaluation system must be holistic and individualized (3) distribution points for race only not allowed

Question 27

(6) Sufficient Factors for Race to benefit minorities

Answer 27

(1) race as +1 factor (2) individualized consideration with various factors (3) remedying past discrimination (4) breaking stereotypes (5) minority representation (6) cross-racial understanding

Question 28

(5) Insufficient factors for race to benefit minorities

Answer 28

(1) providing role models (2) general societal discrimination (3) automatic point system/numerical set asides (4) quotas (5) racial balancing

Question 29

No Exhaustion Narrow Tailor under Benign Discrimination

Answer 29

does not require exhaustion of every conceivable race-neutral alternative.

Question 30

No Deference Narrow Tailor under Benign Discrimination

Answer 30

SS requires courts own examination, not deference to university’s good faith consideration of workable race-neutral alternatives.

Question 31

University Requirement under Benign Discrimination

Answer 31

must show that no reasonable neutral alternatives would achieve the educational benefits of diversity **as well or almost as well as** the race conscious method being used.

Question 32

Why Gender is IS

Answer 32

Sexism is historical but women are still a political majority

Question 33

(3) Ginsberg Addition to Gender IS

Answer 33

Law must serve an (1) important governmental interest and be (2) substantially related to achieving that interest, **(3) with an exceedingly persuasive justification for the distinction.**

Question 34

Miss. University for Women v. Hogan (gender roles)

Answer 34

Traditional professional roles of gender are insufficient to justify remedial discrimination

Question 35

Biological Differences

Answer 35

Enough to override subtle stereotype and be considered an important government interest