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6 Cards in this Set

  • Front
  • Back

Proving Discriminatory Race Classifications

(i) Discriminatory on its face;


(ii) Discriminatory application AND INTENT of facially neutral law; or


(iii) Discriminatory motive behind the law



Proving Gender Classification

(i) Classification exists on the face of the law


(ii) Facially neutral =discriminatory intent and impact


(iii)

Gender Classification Standard

Heightened Intermediate Scrutiny (exceedingly persuasive justification)




Substantially Related to an Important government purpose

Strict Scrutiny

Narrowly Tailored to achieve a Compelling Interest


- Race


-National Origin


- Alienage - generally

Intermediate Scrutiny

Substantially related to an Important Government Purpose




- Gender


- Non-Marital Children


- Undocumented Alien Children

Rational Basis

Rationally related to a Legitimate government Interest


- Alienage classification related to self -governance


- Congressional Regulation of aliens


- Age


- Disability


- Wealth


- All other Classifications