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Flashcards in Standards of Review Deck (13)
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1
Q

Who has the burden of proof under strict scrutiny?

A

Gov’t

2
Q

What proof is required for strict scrutiny?

A

Necessary / Compelling

Classification is necessary
to achieve a compelling gov’t interest

3
Q

When does strict scrutiny apply?

A

Suspect classifications

Voting
Alienage (if states do it)
Race
National origin

4
Q

Who has the burden of proof under intermediate scrutiny?

A

Gov’t

5
Q

What proof is required for intermediate scrutiny?

A

Substantially related / Important

Classification is substantially related
to an important gov’t interest

6
Q

When does intermediate scrutiny apply?

A

Gender
Illegitimacy
Undocumented alien children

7
Q

Who has the burden of proof under rational basis review?

A

Plaintiff

8
Q

What proof is required for rational basis review?

A

Not legitimate

Classification serves no legitimate interest

OR

is not rationally related to any legitimate interest

9
Q

When does rational basis review apply?

A
Age
Alienage (if federal gov't does it)
Disability
Sexual orientation
Wealth
10
Q

Exceptions to Rational Basis Review

A

Intentional disparate impact

Discriminatory application

11
Q

What are the ways to prove discrimination?

A
  1. Discriminatory intent

2. Facial discrimination

12
Q

What is discriminatory intent?

A

Purposeful intent

13
Q

Facial discrimination?

A

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