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The whole tiered strategy developed by the Court is meant to reconcile the principle of equal protection with the reality that most laws necessarily discriminate in some way. [74] Choosing the standard of scrutiny can determine the outcome of a case, and the strict scrutiny standard is often described as "strict in theory and fatal in fact". [75]
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated.
The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Also called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice.
Peña, 515 U.S. 200 (1995), overruling Metro Broadcasting, Inc. v. FCC (89-453), 497 U.S. 547 (1990), which had briefly allowed the use of intermediate scrutiny to analyze the Equal Protection implications of race-based classifications in the narrow category of affirmative-action programs established by the federal government in the ...
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
The Supreme Court has laid out three tiers of scrutiny in such debates over equal protection of the law: “strict scrutiny,” the toughest review, for any government classification based on race ...
The need to formulate general legal principles on equality was defined on the basis of (i) acknowledging the pervasiveness of discrimination and the weaknesses in the protection of the right to equality at both international and national levels, (ii) the absence of comprehensive equality legislation in many countries around the world and the recognition that such legislation is necessary to ...
Yick Wo v. Hopkins, 118 U.S. 356 (1886), was a landmark decision of the United States Supreme Court in which the Court ruled that a prima facie race-neutral law administered in a prejudicial manner infringed upon the right to equal protection guaranteed by the Fourteenth Amendment to the U.S. Constitution.