A state enacts a law that grants scholarships for public universities only to students who have resided in the state for at least one year. A new resident of the state who established residency three months ago challenges the law, arguing it violates the Equal Protection Clause of the Fourteenth Amendment by infringing upon her right to travel. What is the most likely standard of review a court will apply to evaluate this law?
Intermediate scrutiny, because any law that distinguishes between residents based on their length of residency is subject to heightened review.
Rational basis review, because the law creates a distinction based on the duration of residency for a non-fundamental benefit and is not considered a penalty on the right to travel.
Strict scrutiny, because access to public education is a fundamental right.
Strict scrutiny, because the law penalizes the fundamental right to interstate travel by denying a significant state benefit.
The correct answer is rational basis review. While laws that penalize the fundamental right to interstate travel are subject to strict scrutiny, the Supreme Court has not extended this analysis to all durational residency requirements. The Court has upheld one-year residency requirements for receiving in-state tuition benefits, treating them as a reasonable way for a state to ensure that benefits are provided to bona fide residents who have contributed to the state. A scholarship for public education is analogous to in-state tuition benefits, not a basic necessity of life like welfare. Therefore, a court is most likely to view this as a socioeconomic regulation that does not penalize a fundamental right and apply rational basis review. Strict scrutiny is incorrect because the law is unlikely to be seen as penalizing the right to travel, and the right to education is not fundamental. Intermediate scrutiny is also incorrect; it typically applies to quasi-suspect classifications like gender, which are not at issue here.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does intermediate scrutiny involve?
Open an interactive chat with Bash
What is the significance of the Equal Protection Clause of the Fourteenth Amendment?
Open an interactive chat with Bash
What are the different levels of scrutiny used in constitutional law?