The Sanders Firm, P.C.: Equal Protection and Suspect Classes
The Sanders Firm P.C., which offers legal services to those in the greater New York City area, ensures that all citizens receive equal protection of the laws. We work tirelessly for those who are considered to be part of suspect classes, as it is unconstitutional under the law to treat such classes differently than others. Treating suspect classes differently is a form of discrimination.
Strict Scrutiny
Although many times the court will apply a rational basis test for determining whether a particular law or the application of the law passes constitutional scrutiny, in the case of suspect classifications, the court will apply a “Strict Scrutiny” analysis to determine whether the particular law or the application of the law passes constitutional scrutiny. Strict scrutiny is the highest form of judicial analysis used by the Court when a fundamental constitutional right is being challenged, especially those enumerated in the Bill of Rights and those that the court has classified as fundamental rights that are protected by the Due Process Clause. Strict scrutiny analysis is also utilized when issues related to the Fourteenth Amendment’s liberty clause are at stake or when the action of the state focuses on a suspect classes as we have defined above.