Describe the differences between the three levels of scrutiny under the Equal Protection Clause. Can an individual challenge a law on grounds of discriminatory impact of a seemingly neutral law? Why or why not? Use an example from your text to support your answer.
What will be an ideal response?
Answers may vary. Students must describe the three levels of scrutiny (rational basis, intermediate scrutiny, and strict scrutiny) and discuss their significance to protecting individuals’ rights. Students must recognize that laws may be challenged despite their seemingly neutral nature if these laws are ultimately biased against protected groups. Examples may include cases provided in the text for each of the levels of scrutiny.
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Indicate whether the statement is true or false
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a. True
b. False