Equal Protection questions turn on classification and proof. Identify who is treated differently, whether the classification is explicit or facially neutral, and what level of scrutiny applies before evaluating the government’s justification.
Practice in Testify →Identify the classification. If the law is facially neutral, ask whether discriminatory purpose must be shown in addition to disparate impact. Then select the level of scrutiny tied to the classification or fundamental right and test both the government objective and the fit between means and ends.
Disparate impact alone is often not enough to transform a neutral law into a suspect classification. Another trap is using the wrong scrutiny level or treating the government’s asserted interest as automatically sufficient without examining fit.
Create a three-column note: classification, scrutiny, fit. Force yourself to fill in all three before selecting an answer. That prevents the common error of recognizing a protected group but skipping the actual standard of review.
In law school, organize the analysis around the classification rather than the emotional force of the facts. If more than one classification or right is present, analyze them separately.
For bar review, mix Equal Protection with substantive due process. The facts may involve the same government action, but the doctrinal question can be whether the law treats groups differently, burdens a fundamental right, or both.