Intermediate scrutiny applies to gender cases only where the challenged law is intended to classify on the basis of sex. Similarly, strict scrutiny applies in race cases only where there is facial discrimination, discriminatory application, or discriminatory purpose. If the law merely has a discriminatory effect, no burden shift.
Age discrimination is reviewed under rational basis.
Right to Vote/Candidacy:
Strict scrutiny will apply to: wealth restrictions, residency restrictions, party affiliation restrictions, racial classifications.
Rational basis scrutiny applies to: min/max age limits on officials, prohibition on officeholders running for another office, reasonable filing fees, signature requirements.
Alienage classifications trigger strict scrutiny except: 1) adult illegal aliens can be discriminated against by a state under rational basis review, and 2) Congress can use alienage as a classification with rational scrutiny under its plenary power over immigration.
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