1. Equal Protection Clause
Levels of Scrutiny – 3/19/18

2. 2. Learn what a law school class is like
Goals
1. Prepare for AP Exam questions on Equal Protection Clause Levels of Scrutiny
2. Learn what a law school class is like

3. Agenda Levels of Scrutiny Overview Korematsu Discussion
Craig Discussion
Korematsu Historical Context and Wrap-Up

4. Equal Protection Clause
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

5. Levels of Scrutiny Overview

6. Korematsu v. United States (US 1944)

7. Korematsu Summary Main Facts Court’s Conclusion Court’s Reasoning
Fred Korematsu, a Japanese-American man, arrested for knowingly violating Exclusion Order No. 34 (via Executive Order 9066)
Executive Order 9066 (1942): Authorized Secretary of War to designate incarceration areas for certain groups (most notably, Japanese-Americans)
Korematsu knowingly violated the order because he believed it was constitutional
Court’s Conclusion
Exclusion order is constitutional; i.e. does not violate the Equal Protection Clause
Court’s Reasoning
Government has a “compelling interest” in national security concerns after Pearl Harbor attack
Defer to Congress and Military judgment
NOT about racial “hostility”; reason for interning Japanese-Americans was legitimate

8. Craig v. Boren (US 1976)

9. Craig Summary Main Facts Court’s Conclusion Court’s Reasoning
Oklahoma statute prohibits “nonintoxicating” 3.2% beer from being sold to males under 21 and females under 18
Court’s Conclusion
Oklahoma statute is unconstitutional, i.e. violates equal protection clause for males age 18-20
Court’s Reasoning
Statute is not “substantially related” to government’s interest in traffic safety because gender does not capture the likelihood of drinking and driving for males 18-20
The statistics regarding higher male likelihood of drunk driving are unpersuasive, do not address “nonintoxicating” beer

10. Korematsu Aftermath Near-universally regarded as a disgrace
Not officially overturned, but Solicitor General issued confession of error in 2011
Civil Liberties Act of 1988
$20,000 to each surviving victim of internment (82,219 total payments)
Official apology from government
Bill stated that internment was due to "race prejudice, war hysteria, and a failure of political leadership” rather than legitimate national security concerns