Justification determined byINTRODUCTION TO EQUAL PROTECTIONPersons with the defined trait (e.g., age, race) comprise the disadvantaged classTussman-tenBroek analysis(determining closeness of fit)Closeness of fitPerfectRationalIrrationalAll members of the class (and nobody else) are likely to cause the feared Mischief.T MSome but not all members of the burdened class cause the Mischief (overinclusive). Some of the mischief is caused by persons not in the burdened class (underinclusive)MTNo members of the burdened class cause the Mischief sought to be avoided by the State. The Mischief (if any) is caused by persons not discriminated against by the State.MTMischief (or benefit)Trait (that de-fines the class)State's objectiveClassification created by stateENDSMTClassifications are presumed to advance the state's objectives, except for suspect classes and fundamental rights, where a tight fit between means and ends is required.Are the MEANS necessary to
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.