Equal Protection

. . . nor shall any State deprive any person . . . within its jurisdiction the equal protection of the laws.

14th Amendment, § 1

---

Equal Protection

• Disparate treatment-facially discriminatory statute
• Disparate impact-facially neutral statute with differential impact and intent to have that impact

---

The statute "is practically a brand upon [African-Americans], affixed by the law, an assertion of their inferiority, and a stimulant to that race prejudice which is an impediment to securing to individuals of the race that equal justice which the law aims to secure to all others." (p.525)

---

"[It] is well known that prejudices often exist against particular classes in the community, which sway the judgment of jurors, and which, therefore, operate in some cases to deny to persons of those classes the full enjoyment of that protection which others enjoy." (p.525)

---

Strict Scrutiny

• Compelling state interest
• Statute is narrowly tailored to achieving the state interest (i.e., is necessary or the least restrictive alternative)

  ---