Equal protection - Next Generation Bar Exam
- Under Romer v. Evans and Department of Agriculture v. Moreno, what interest fails even rational-basis review?
- A bare desire to harm a politically unpopular group. Animus is not a legitimate government interest.
- What standard applies to classifications not based on a suspect or quasi-suspect characteristic, such as age or disability?
- Rational basis: rationally related to a legitimate government interest. The challenger bears the burden, and the government's actual purpose need not be stated.
- Under Washington v. Davis, what must a challenger show when a facially neutral law has a disparate racial impact?
- A discriminatory purpose. Disparate impact alone does not trigger strict scrutiny.
- A state bars lawful permanent residents from working as licensed civil engineers. What standard of review applies?
- Strict scrutiny. State alienage classifications receive strict scrutiny unless the job involves a core governmental function.
- What standard applies to state laws excluding noncitizens from positions that perform core political or governmental functions?
- Rational basis. The political-function exception has covered police officers, public school teachers, and probation officers.
- What did Students for Fair Admissions v. Harvard hold about race-conscious university admissions?
- The programs failed strict scrutiny and violated the Equal Protection Clause. The interests asserted were not measurable, and the programs used race as a negative and a stereotype.
- What standard applies to classifications based on sex?
- Intermediate scrutiny: substantially related to an important government interest, with an exceedingly persuasive justification. The government bears the burden, and its justification may not rely on overbroad generalizations.
- A state nursing school admits only women. What standard of review applies to a man's equal protection challenge?
- Intermediate scrutiny. In Mississippi University for Women v. Hogan, the policy failed because it perpetuated a stereotype rather than remedying discrimination.
- Which classifications trigger strict scrutiny under the Equal Protection Clause?
- Race, national origin, and, for state laws, alienage. Classifications burdening fundamental rights also receive strict scrutiny.
- What must the government show to satisfy strict scrutiny?
- That the classification is narrowly tailored to achieve a compelling government interest. The government bears the burden, and few laws survive.
- What standard applies to classifications based on wealth?
- Rational basis. San Antonio v. Rodriguez held that wealth is not a suspect class and education is not a fundamental right.
- What standard applies to classifications based on nonmarital birth?
- Intermediate scrutiny. Laws penalizing children for their parents' marital status must be substantially related to an important interest.
- By what three means can a challenger show that a law classifies on a suspect basis?
- A facial classification, discriminatory application of a neutral law, or a neutral law adopted with discriminatory purpose. Arlington Heights lists factors, such as impact, history, and departures from normal procedure, for proving purpose.