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Judges of Color: Examining the Impact of Judicial Diversity on the Equal Protection Jurisprudence of the United States Court of Appeals for the Ninth Circuit
The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution states, “[n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” This study focuses on the Equal Protection Clause because it was designed to ensure that the Constitution protects minorities from prejudice in the political process. When analyzing an equal protection claim, courts apply either a standard of heightened scrutiny, which includes both strict scrutiny and intermediate scrutiny, or they apply rational basis review. Heightened scrutiny applies when a court has reason to “suspect” a classification reflects prejudice against a “discrete and insular” minority, rather than an informed policy choice.
1 Self-Study Credit
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