Question

When the Supreme Court interprets the Constitution, it relies on “governmental justification.” There is a tiered standard of review framework for equal protection jurisprudence. Describe three standards involved in this review.

Answer 1

The Three STANDARDS of REVIEW / SCRUTINY under the Three-Tiered Approach to Equal Protection Jurisprudence are:

STRICT SCRUTINY: The government must show that the challenged classification serves a strong state interest and that the classification is important to serve that interest. It is part of the hierarchy of standards that the courts use to see which is weightier, a constitutional right or principle or the government's interest against the service of the principle.

A. Suspect Classifications:

1. Race
2. National Origin
3. Religion (may also come under Establishment Clause analysis)
4. Alienage (unless the classification falls within a recognized "political community" exception).

B. Classifications Burdening Fundamental Rights

1. Denial or Dilution of the Vote
2. Interstate Migration
3. Access in the Courts
4. Other Rights Recognized to be Fundamental

INTERMEDIATE SCRUTINY: It is the second level of deciding issues using judicial review. The government should convince that the challenged classification serves an important state interest and that the classification is at least significantly related to serving that interest.

Quasi-Suspect Classifications:

1. Gender
2. Illegitimacy

RATIONAL BASIS SCRUTINY: The government only needs to show that the challenged classification is reasonably related to serving a legal state interest. It is the default standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth or Fourteenth Amendment. By the application of rational basis review, Courts try to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical.

Minimum scrutiny applies to all classifications other than those listed under the other two tiers, although some Supreme Court cases suggest a slightly closer scrutiny involving some weighing of the state's interest may be applied in these cases.