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.

Suspect Classes and the Constitution

Suspect classes are those that are designated in terms of national origin, religious affiliation, alienage or race or that are defined by a statute, regulation, policy, or ordinance. Designating individuals in this manner violates protections offered by the United States Constitution including those enumerated in the Fifth Amendment and the Equal Protection Clause of the Fourteenth Amendment.

According to the Supreme Court, there are certain kinds of classifications that amount to government discrimination and thus are suspect; therefore, actions involving persons’ part of suspect classifications are judicially reviewed.

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.

Equal Protection

Equal protection, which The Sanders Firm, P.C. ardently defends, applies to suspect classes. As noted above, the government has an obligation to ensure that whatever particular law or the application of the law is justified by a compelling governmental interest, that it is narrowly tailored to achieve that goal or interest and is the least restrictive means for achieving that interest. In other words, the government must prove that it is not intentionally discriminating against the suspect classes.

Suspect Class

We at The Sanders Firm, P.C. in New York are ready to fight for you if you feel your rights have been violated in conjunction with equal protection and suspect classes. If you believe you that your civil rights are being violated, contact us. The Sanders Firm, P.C. will be your voice for justice in the New York City area.