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Flashcards in Standards of Review Deck (13)
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1

Who has the burden of proof under strict scrutiny?

Gov't

2

What proof is required for strict scrutiny?

Necessary / Compelling

Classification is necessary
to achieve a compelling gov't interest

3

When does strict scrutiny apply?

Suspect classifications

Voting
Alienage (if states do it)
Race
National origin

4

Who has the burden of proof under intermediate scrutiny?

Gov't

5

What proof is required for intermediate scrutiny?

Substantially related / Important

Classification is substantially related
to an important gov't interest

6

When does intermediate scrutiny apply?

Gender
Illegitimacy
Undocumented alien children

7

Who has the burden of proof under rational basis review?

Plaintiff

8

What proof is required for rational basis review?

Not legitimate

Classification serves no legitimate interest

OR

is not rationally related to any legitimate interest

9

When does rational basis review apply?

Age
Alienage (if federal gov't does it)
Disability
Sexual orientation
Wealth

10

Exceptions to Rational Basis Review

Intentional disparate impact
Discriminatory application

11

What are the ways to prove discrimination?

1. Discriminatory intent
2. Facial discrimination

12

What is discriminatory intent?

Purposeful intent

13

Facial discrimination?

Arises where a law, by its very language, create distinctions between classes of persons