Scribd Logo
Fazer o upload

Bem-vindo(a) ao Scribd!

  • Equal Protection Flow Chart

    Enviado por

    Laurie Smith
    2K visualizações1 página
    The document discusses different types of legal classifications and levels of scrutiny used in determining if a law is discriminatory. It identifies facially discriminatory laws that explicitly discriminate based on race, national origin or alienage as subject to strict scrutiny. Facially neutral laws that discriminate based on other attributes like gender are subject to intermediate scrutiny if they are substantially related to an important government purpose. Laws facing rational basis scrutiny place the burden of proof on the challenger to show the law is not reasonably related to a legitimate purpose.

    Descrição original:

    Direitos autorais

    © Attribution Non-Commercial (BY-NC)

    Formatos disponíveis

    PDF, TXT ou leia online no Scribd

    Você considera este documento útil?

    Este conteúdo é inapropriado?

    Denunciar este documento
    The document discusses different types of legal classifications and levels of scrutiny used in determining if a law is discriminatory. It identifies facially discriminatory laws that explicitly discriminate based on race, national origin or alienage as subject to strict scrutiny. Facially neutral laws that discriminate based on other attributes like gender are subject to intermediate scrutiny if they are substantially related to an important government purpose. Laws facing rational basis scrutiny place the burden of proof on the challenger to show the law is not reasonably related to a legitimate purpose.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    2K visualizações1 página

    Equal Protection Flow Chart

    Enviado por

    Laurie Smith
    The document discusses different types of legal classifications and levels of scrutiny used in determining if a law is discriminatory. It identifies facially discriminatory laws that explicitly discriminate based on race, national origin or alienage as subject to strict scrutiny. Facially neutral laws that discriminate based on other attributes like gender are subject to intermediate scrutiny if they are substantially related to an important government purpose. Laws facing rational basis scrutiny place the burden of proof on the challenger to show the law is not reasonably related to a legitimate purpose.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    What is the classification?

    Facially Discriminatory

    Facially Neutral

    What is it discriminating against?

    Race, National Origin, Aliens

    Anything Else Gender, nonmarital children


    Rational Basis: A minimum level of scrutiny. The challenger has the burden of proof.

    The text of the law draws a distinction among people base on race or national origin.

    The administration of the law has a discriminatory act and can prove discriminatory purpose.

    Facially Discriminatory

    Facially Neutral

    Gender discrimination based on stereotypes is not allowed, and gender classifications benefiting women designed to remedy past discrimination is allowed.

    Does the law have a legitimate purpose?

    Strict Scrutiny: Upheld only if it is proven necessary to achieve a compelling purpose. Burden is on state and is almost always struck down.

    Intermediate Upheld only if is substantially related to an important government purpose. Burden of justification is on the state and is demanding.

    Are the classifications drawn in a statute are reasonable in light or its purpose?

    Você também pode gostar