- Levels of Review under Equal Protection
Rational Basis Review | Intermediate Scrutiny | Strict Scrutiny |
Burden on challenger (P) | Burden on government | Burden on government |
to show that law is not rationally related to a legitimate government purpose. | to show that law is substantially related to an important government purpose | to show that law is necessary to a compelling government purpose. |
Housing Mentally retarded people Public education Unrelated people living together Bankruptcy Economic/social welfare measures Poverty Age Wealth Necessities | Children of illegals[1] Illegitimacy Gender | Suspect Class --Race --Alienage --National Origin Fundamental Rights --Contraception --Abortion --Marriage --Procreation --Private Education --Family Relations --Sexual orientation. |
Deferential to government | Government’s goal must be important. The court will look at actual purpose. --Means must be narrowly tailored to achieve outcome. | Actual purpose must be vital, critical, compelling --means must be necessary to achieve outcome --court must be persuaded that no less restrictive alternative is available[2] --Government usually loses when it tries to regulate in this sphere |