👩🏾‍⚖️Supreme Court Unit 9 – Equal Protection and Due Process

Key Concepts and Definitions

• Equal Protection Clause found in the Fourteenth Amendment guarantees equal protection under the law for all persons
• Due Process Clause found in the Fifth and Fourteenth Amendments ensures fair treatment through the judicial system
• Strict scrutiny highest level of judicial review applied to suspect classifications (race, national origin) and fundamental rights
  • Government must prove law is narrowly tailored to achieve a compelling state interest
• Rational basis review lowest level of scrutiny applied to most economic and social legislation
  • Law must be rationally related to a legitimate government interest
• Intermediate scrutiny applied to quasi-suspect classifications (gender, illegitimacy)
  • Law must be substantially related to an important government interest
• Fundamental rights rights explicitly or implicitly guaranteed by the Constitution (privacy, marriage, voting)
• Suspect classifications groups with a history of discrimination or political powerlessness (race, national origin, religion)

Historical Context and Development

• Fourteenth Amendment ratified in 1868 after the Civil War to address racial discrimination and ensure equal rights for all citizens
• Early interpretations of the Equal Protection Clause were narrow, allowing for "separate but equal" segregation (Plessy v. Ferguson, 1896)
• Due Process Clause initially interpreted as only applying to procedural rights, not substantive rights
• Lochner era (early 20th century) Supreme Court struck down economic regulations as violating substantive due process
• Warren Court (1953-1969) expanded the scope of equal protection and due process, applying strict scrutiny to racial classifications and recognizing fundamental rights
  • Landmark decisions included Brown v. Board of Education (1954) and Loving v. Virginia (1967)
• Burger and Rehnquist Courts (1969-2005) took a more conservative approach, limiting the expansion of substantive due process and equal protection
• Modern Supreme Court continues to grapple with the scope and application of these clauses

Equal Protection Clause Overview

• Prohibits states from denying any person within its jurisdiction the equal protection of the laws
• Applies to both state and federal governments through the Fifth Amendment's Due Process Clause
• Requires the government to treat similarly situated individuals alike
• Courts apply different levels of scrutiny depending on the classification or right involved
  • Strict scrutiny for suspect classifications and fundamental rights
  • Intermediate scrutiny for quasi-suspect classifications
  • Rational basis review for most other classifications
• Disparate impact discrimination can violate equal protection if there is evidence of discriminatory intent
• Affirmative action policies designed to promote diversity or remedy past discrimination are subject to strict scrutiny
• Equal Protection Clause has been used to strike down laws discriminating based on race, gender, sexual orientation, and other characteristics

Due Process Clause Overview

• Guarantees fair procedures before the government can deprive a person of life, liberty, or property
• Procedural due process requires notice, an opportunity to be heard, and an impartial decision-maker
• Substantive due process protects certain fundamental rights from government interference
  • Rights must be "deeply rooted in this Nation's history and tradition" or "implicit in the concept of ordered liberty"
• Incorporation doctrine applies most of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
• Vagueness doctrine requires laws to be clearly written and provide fair notice of prohibited conduct
• Due Process Clause has been used to recognize rights such as privacy, marriage, contraception, and abortion
• Balancing tests are often used to weigh individual rights against government interests

Landmark Supreme Court Cases

• Marbury v. Madison (1803) established the principle of judicial review
• Dred Scott v. Sandford (1857) held that African Americans were not citizens entitled to constitutional protections
• Plessy v. Ferguson (1896) upheld racial segregation under the "separate but equal" doctrine
• Lochner v. New York (1905) struck down a maximum hours law as violating substantive due process
• Brown v. Board of Education (1954) overturned Plessy and held that segregated schools violated equal protection
• Gideon v. Wainwright (1963) held that the Sixth Amendment right to counsel applies to state criminal proceedings
• Griswold v. Connecticut (1965) recognized a constitutional right to privacy and struck down a ban on contraceptives
• Loving v. Virginia (1967) struck down bans on interracial marriage as violating equal protection and due process
• Roe v. Wade (1973) recognized a constitutional right to abortion under the Due Process Clause
• Obergefell v. Hodges (2015) held that same-sex couples have a fundamental right to marry under the Due Process and Equal Protection Clauses

Legal Tests and Standards

• Strict scrutiny requires the government to prove that a law is narrowly tailored to achieve a compelling state interest
  • Applied to suspect classifications (race, national origin) and fundamental rights
• Intermediate scrutiny requires the government to prove that a law is substantially related to an important government interest
  • Applied to quasi-suspect classifications (gender, illegitimacy)
• Rational basis review requires the government to prove that a law is rationally related to a legitimate government interest
  • Applied to most economic and social legislation
• Compelling state interests include national security, public safety, and diversity in higher education
• Important government interests include preventing crime, protecting public health, and promoting gender equality
• Legitimate government interests include regulating economic activity, promoting public welfare, and preserving traditional values
• Narrow tailoring requires the government to use the least restrictive means to achieve its goal
• Substantial relationship requires a close fit between the means and the end, but not necessarily the least restrictive means
• Rational relationship requires only a reasonable connection between the means and the end, with great deference to legislative judgment

Modern Applications and Challenges

• Affirmative action in higher education remains a contentious issue, with the Supreme Court set to revisit the use of race in admissions (Students for Fair Admissions v. Harvard)
• Voting rights and redistricting challenges often involve equal protection claims of racial discrimination or partisan gerrymandering
• LGBTQ+ rights continue to be litigated under the Equal Protection and Due Process Clauses, including issues of employment discrimination, public accommodations, and transgender rights
  • Bostock v. Clayton County (2020) held that Title VII's prohibition on sex discrimination includes sexual orientation and gender identity
• Abortion rights are facing new challenges after the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization (2022)
• Second Amendment rights have been expanded under the Due Process Clause, with the Court striking down handgun bans and requiring states to allow public carry (District of Columbia v. Heller, McDonald v. Chicago, New York State Rifle & Pistol Association v. Bruen)
• Immigration policies, such as the Trump administration's travel ban and DACA rescission, have faced equal protection and due process challenges
• The COVID-19 pandemic has raised new questions about the scope of government power and individual liberties under the Due Process Clause

Critical Analysis and Debates

• Originalists argue that the Equal Protection and Due Process Clauses should be interpreted according to their original public meaning at the time of ratification
  • Critics argue that this approach fails to account for evolving social norms and can perpetuate historical inequalities
• Living constitutionalists argue that the meaning of these clauses should adapt to changing times and values
  • Critics argue that this approach allows judges to impose their own policy preferences and undermines the rule of law
• The Supreme Court's three-tiered scrutiny framework has been criticized as rigid and outcome-determinative
  • Some scholars advocate for a more flexible balancing approach that weighs the importance of the government interest against the severity of the individual rights burden
• The scope of substantive due process rights remains controversial, with debates over the proper methodology for recognizing new fundamental rights
  • The Court's recent decisions on abortion and gun rights have reignited these debates
• The relationship between equal protection and due process is complex, with some scholars arguing that they are distinct concepts and others seeing them as interconnected
  • The Court has sometimes used the two clauses interchangeably or in combination to protect individual rights
• The impact of Supreme Court decisions on equal protection and due process can be far-reaching, shaping social, political, and legal norms for generations
  • Critics argue that the Court should exercise judicial restraint and defer to the political branches on controversial issues
  • Supporters argue that the Court plays a crucial role in protecting minority rights and ensuring constitutional accountability