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For the curious, because it doesn't affect a fundamental constitutional right, the equal protection challenge will get evaluated by the rational basis test. As
by DannyBee 13y ago
For the curious, because it doesn't affect a fundamental constitutional right, the equal protection challenge will get evaluated by the rational basis test.
As long as it is rationally related to a legitimate government interest, it will be upheld.
- gojomo 13y agoIsn't equal protection, without regard to a superficial category like length-of-residency (which is itself highly entangled with age & race), a constitutional right?
- DannyBee 13y agoWhat it actually means is subject to much debate. Wikipedia surprisingly has reasonable coverage of this. http://en.wikipedia.org/wiki/Equal_Protection_Clause http://en.wikipedia.org/wiki/Equal_Protection_Clause See tiered scrutiny.
- azernik 13y agoIn particular - age is not a suspect classification, so the strict scrutiny test does not apply.