Flashcards in Standards of Review Deck (13)
Who has the burden of proof under strict scrutiny?
What proof is required for strict scrutiny?
Necessary / Compelling
Classification is necessary
to achieve a compelling gov't interest
When does strict scrutiny apply?
Alienage (if states do it)
Who has the burden of proof under intermediate scrutiny?
What proof is required for intermediate scrutiny?
Substantially related / Important
Classification is substantially related
to an important gov't interest
When does intermediate scrutiny apply?
Undocumented alien children
Who has the burden of proof under rational basis review?
What proof is required for rational basis review?
Classification serves no legitimate interest
is not rationally related to any legitimate interest
When does rational basis review apply?
Alienage (if federal gov't does it)
Exceptions to Rational Basis Review
Intentional disparate impact
What are the ways to prove discrimination?
1. Discriminatory intent
2. Facial discrimination
What is discriminatory intent?