Equal Protection Litigation in Federal Court

Challenging discriminatory government action under the Fourteenth Amendment

Civil Rights & Constitutional Litigation

<h2>Equal Protection Clause</h2><p>The Equal Protection Clause of the Fourteenth Amendment requires states to treat similarly situated individuals equally under the law. Through the Fifth Amendment's Due Process Clause, equal protection principles also apply to the federal government (<em>Bolling v. Sharpe</em>, 1954).</p><h2>Levels of Scrutiny</h2><ul><li><strong>Strict scrutiny:</strong> Race, national origin, alienage (suspect classifications) — government must show a compelling interest and narrow tailoring</li><li><strong>Intermediate scrutiny:</strong> Gender, legitimacy (quasi-suspect classifications) — government must show an important interest and substantial relation</li><li><strong>Rational basis:</strong> All other classifications — government need only show a legitimate interest and rational relation</li></ul><h2>Common Equal Protection Claims</h2><p>Equal protection litigation encompasses challenges to racial profiling, discriminatory zoning, selective enforcement of laws, gender-based classifications in government programs, and affirmative action policies.</p>

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