Answers

2015-12-22T21:04:53+05:30
Two types of classifications cause the Court to depart from its usual rational basis scrutiny under the Equal Protection Clause: when group burdened by the classification is "suspect"  (e.g., a racial or  ethnic minority,  women,  aliens)  or when  the classification burdens  what the Court  determines to  be  a  "fundamental  right."  The Court  has  been reluctant  to  add to what  was  a relatively short  list of fundamental rights  recognized beginning in the 1960s, and specifically rejected the suggestions, for example, that welfare payments or education be labeled the sort of fundamental rights that trigger heightened scrutiny.  Heightened scutiny has been limited to cases involving substantial burdens placed on the right to vote, the right to be a candidate (access to the ballot), the right to migrate to another state, the right to marry and procreate and live as a family unit, and to fees that prevent indigents from obtaining equal access to justice  (e.g, divorcing, maintaining parental rights, and obtaining transcripts and securing legal assistance for a criminal appeal).
0