When a statute is challenged under equal protection, what is the legal test applied to determine its constitutionality?

MultiRegion, United States of America

The following excerpt is from In re Theresa L. Somers And Rosemary Caggiano, 448 B.R. 677, 65 Collier Bankr.Cas.2d 1256 (Bankr. S.D.N.Y. 2011):

Similarly, when a statute's constitutionality is challenged under equal protection, a court must analyze whether the classifications drawn by [the] statute constitute an arbitrary and invidious discrimination. Loving v. Virginia, 388 U.S. 1, 9, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967). The level of scrutiny applied in analyzing the constitutionality of the statute, whether it is rational basis or a more heightened scrutiny, depends on the classification created by the legislation. See Id. at 11, 87 S.Ct. 1817. Which level of scrutiny a court uses in determining a statute's constitutionality has a major impact on whether the law is upheld as constitutional.

Other Questions


What is the legal test applied in determining the constitutionality of a discriminatory discrimination statute? (MultiRegion, United States of America)
What is equal protection and what is the test for equal protection? ("New York", United States of America)
What is the test for an equal protection challenge to the sodomy statute? (MultiRegion, United States of America)
Is there any type of disability that does not constitute a protected class for equal protection purposes? (MultiRegion, United States of America)
Is there an equal protection challenge to the underlying statute and guidelines regarding the criminal code for the possession of crack cocaine? (MultiRegion, United States of America)
Does the "due process of law" clause in the US Constitution apply to the equal protection of the laws? ("New York", United States of America)
Where a group alleged to constitute a conspiracy engages in constitutionally protected activity, does the standard of review apply? (MultiRegion, United States of America)
What is the test for a plaintiff to successfully challenge the constitutionality of a statute that prohibits the use of the word "as applied"? (MultiRegion, United States of America)
What is the test for equal protection in the context of the equal protection clause? (MultiRegion, United States of America)
What is the test for determining whether a section of the National Firearms Act is constitutional or constitutional? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.