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23 Cards in this Set
- Front
- Back
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Equal Protection Analysis
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(1) What is the classification?
(2) What level of scrutiny should be applied? (3) Does the law meet the level of scrutiny? |
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Federal vs. State vs. Local Govt
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14th A EPC applies to state and local govts
5th A Due Process Clause applies to federal govt |
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Classifications based on race, or country of origin
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Strict scrutiny
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Proving classification based on race
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(1) Statute is facially race-based
(2) If race-neutral, must demonstrate BOTH discriminatory impact AND discriminatory intent |
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Discriminatory use of peremptory challenges (based on race or gender)
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Denial of equal protection
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Racial classifications benefiting minorities
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Strict scrutiny
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Numerical set asides for minorities
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OK only if there is clear proof of past discrimination
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Use of race by educational institutions in admissions
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Can be one factor in admissions decisions
Compelling interest in enhancing diversity Cannot add points to application solely based on race |
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Gender-based discrimination
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Allowed only if there is an exceedingly persuasive justification
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Proving gender-based classification
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(1) Classification exists on the face of the law
(2) If gender neutral, must prove BOTH discriminatory impact AND discriminatory intent |
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Gender based classifications benefitting women
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If based on role stereotypes, NOT allowed
If designed to remedy past discrimination or differences in opportunity, then ALLOWED |
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Discrimination against aliens
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By states: strict scrutiny (see exceptions below)
By federal govt: rational basis |
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Exceptions to strict scrutiny for alienage discrimination
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Rational basis test for:
(1) Voting (2) Serving on jury (3) Police officer (4) Teacher (5) Probation officer Strict scrutiny for: Notary public |
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Discrimination against undocumented alien children
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intermediate scrutiny (education)
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Discrimination based on legitimacy
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Intermediate scrutiny
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Age discrimination
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Rational basis review
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Disability discrimination
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Rational basis review
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Wealth discrimination
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Rational basis review
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Government economic regulations
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Rational basis review
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Sexual orientation discrimination
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Rational basis review
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Strict Scrutiny
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(1) Race
(2) National Origin (3) Alienage (states) (4) Travel (domestic) (5) Voting |
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Intermediate Scrutiny
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(1) Gender
(2) Illigitimacy (3) Undocumented alien children |
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Rational Basis Test
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(1) Alienage classifications related to self govt and the democratic process
(2) Congressional regulation of aliens (3) Age (4) Disability (5) Wealth (6) All other classifications |
