Have People Been Treated Unequally? Equal Protections

Question 1

What are the 3 steps in equal Protection Analysis?

Answer 1

1) is there a state action?
2)what is the classification or right being burdened?
3) Apply the appropriate level of scrutiny

Question 2

Is discriminatory impact alone enough for an EP violation?

Answer 2

No, there must be discriminatory intent, unless the law is facially discriminatory

Question 3

what case held that discriminatory effect is not enough under the constitution?

Answer 3

Washington v. Davis (but it may be enough for statutory claims)

Question 4

What types of evidence can show discriminatory intent?

Answer 4

Arlington Heights factors
-Disparate impact
-Historical background
-Legislative/administrative history

Question 5

What is the Mt. Healthy burden shifting framework?

Answer 5

Applies when race/gender animus is one motive upon many
1. P must show impermissible motive was a substantial factor
2.Burden shifts to D to prove same decision would’ve occurred for permissible reasons
3. If D prove this, no constitutional violation

Question 6

when does strict scrutiny apply?

Answer 6

for suspect classifications or fundamental rights

Question 7

what is the test under strict scrutiny?

Answer 7

1. Law must serve a compelling government interest
2. Law must be narrowly tailored (least restrictive means)
3. Burden is on the government

Question 8

what is the test for intermediate scrutiny?

Answer 8

1. law must serve an important government interest
2. Law must be substantially related to the interest
3. Burden is on the gov.

Question 9

what is the Rational Basis Test?

Answer 9

1. Law must serve a legitimate gov. interest
2. Law must be rationally related to that interest
3. Great deference to the government; presumption of validity

Question 10

what classifications are subject to strict scrutiny?

Answer 10

Race, national origin, alienage (state laws), and fundamental rights (Interstate travel, voting, marriage)

Question 11

what classifications get intermediate scrutiny?

Answer 11

Gender, non-marital children (illegitimacy), possibly sexual orientation, Wealth/Poverty (requiring money impacts vote or marry)

Question 12

what gets rational basis review?

Answer 12

Police Power, Age, disability, wealth/poverty (if no impact on fundamental rights), alienage (federal), and Non suspect groups

Question 13

Brown v. Board of Education

Answer 13

Racial segregation violates EP

Question 14

Grutter v. Bollinger

Answer 14

Race as one factor in admissions is ok

Question 15

Gratz v. Bollinger

Answer 15

automatic racial points is not ok

Question 16

City of Richmond v. J.A. Croson

Answer 16

Strict scrutiny for race-based affirmative action at state level

Question 17

U.S. v. Virginia

Answer 17

VMI exclusion of woman unconstitutional

Question 18

Miss. Uni. for Women v. Hogan

Answer 18

nursing school gender exclusion unconstitutional

Question 19

Michael M.

Answer 19

Male-only statutory rape law upheld due to biological difference

Question 20

Alienage- State laws (which level of scrutiny?)

Answer 20

Strict Scrutiny (except for “political function” roles)

Question 21

Alienage- Federal Law ( which level of scrutiny?)

Answer 21

Rational Basis (due to immigration/naturalization powers)

Question 22

when does a fundamental right trigger strict scrutiny under EP?

Answer 22

Voting or interstate travel

Question 23

What is the “market participant exception” under the Dormant Commerce Clause?

Answer 23

When the state is acting as a market participant, it can favor in-state actors.

Question 24

What’s the significance of “heightened rational basis”?

Answer 24

Used when there’s evidence of animus, like in Romer v. Evans or Cleburne v. Cleburne Living Center.