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Shedding Tiers: A New Framework For Equal Protection Jurisprudence, Danielle Stefanucci

St. John's Law Review

(Excerpt)

This Note argues that the Supreme Court of the United States should reconsider the tiers of scrutiny framework that courts use to evaluate equal protection claims. The Supreme Court has recognized government classifications on the bases of race and gender to be suspect and to merit heightened judicial scrutiny. However, any governmental classification among people is subject to review under the Equal Protection Clause. The class itself is not suspect; the basis for the classification, like race or gender, is treated by courts as more or less suspect.

However, employing the tiers of scrutiny no longer makes sense in …