BURDEN ON FUNDAMENTAL RIGHTS
The Sanders Firm, P.C.: Equal Protection and Burden on Fundamental Rights
At The Sanders Firm, P.C., we handle a range of civil rights cases, including those focusing on equal protection and related to the area of burden on fundamental rights. In cases where there is a burden on fundamental rights asserted, the court must use strict scrutiny in determining if the government is acting in a lawful manner or if it is in some way violating the fundamental rights of an individual. As with other equal protection cases, the Fourteenth Amendment, which states that “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” is an essential benchmark in determining if there has been a violation of one’s rights.
Strict scrutiny is the highest standard by which one must prove their case. With cases involving burden on fundamental rights the government must prove that a law or policy is not in violation of one’s civil rights. If the law or policy that is being contested cannot pass strict scrutiny then it is illegal.
Three tests must be passed:
- 1. The law or action must involve a compelling governmental interest to be justified
- 2. It must be narrowly tailored to achieve its goals
- 3. The policy or law must be the least restrictive possible in order the achieve its goals
In essence, the government cannot put a burden on fundamental rights unless it has an exceptionally good reason. Even then, it may not be allowed to do so.
Violation of Your Civil Rights
If your fundamental rights, such as those involving travel amongst states, voting, freedom of speech, etc., are being curtailed by a law and you feel this is in violation of equal protection as described in the Fourteenth Amendment, then you may have a case. It is important to seek help from a civil rights lawyer when dealing with situations that involve a burden on fundamental rights and equal protection, as these cases are very complex. Although the government has the burden of proof, challenging laws in accordance with equal protection is highly involved and requires solid experience in the area of civil rights law and a vast amount of knowledge.
Protecting Your Rights
If you are in the New York City area and believe you have a case-involving burden on fundamental rights, contact The Sanders Firm, P.C. We will discuss your situation and help you determine if you have a case. At The Sanders Firm, P.C. we offer personalized service to each of our clients. We are passionate about your civil rights and will be your voice for justice when you are involved in a case focusing on burden on fundamental rights and equal protection.