What is a suspect classification?
Nov 12, 2019 · This low-level standard of review is known as “Rational Basis Review,” and is further explained below.If, however, the government classification does single out a suspect class, the Court will probably give the action what is known as “Strict Scrutiny,” or the Court’s least deferential standard of review. In this instance, the Court will ask if the government’s purpose …
How does the government benefit suspect classes?
A researcher administers a reading test to a group of fourth graders at the beginning of the school year. During the year, the students receive an intensive program designed to improve reading skills. At the end of the year, the reading test is given again and a large improvement in test scores is discovered. Identify the type of study.
Are legal aliens a Class A suspect class?
There are three drugs approved by the FDA for the treatment of opioid dependence: buprenorphine, methadone, and naltrexone. All three of these treatments have been demonstrated to be safe and ...
What Supreme Court case established judicial precedent for suspect classifications?
ANS: C. This patient has symptoms of major depression, which include depressed mood, loss of pleasure in usual activities, insomnia, weight loss, and feelings of fatigue. For a diagnosis of major depression, these symptoms must be present most of …
What is a suspect class as determined by the courts?
Suspect classification refers to a class of individuals that have been historically subject to discrimination.
What is a suspect class in constitutional law?
In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination.
What is a suspect class strict scrutiny?
STRICT SCRUTINY of a suspect classification reverses the ordinary presumption of constitutionality, with the government carrying the burden of proving that its challenged policy is constitutional. To withstand strict scrutiny, the government must show that its policy is necessary to achieve a compelling state interest.
What test is used when a state action treats a suspect class differently than others?
Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is described in further detail in the next section).
What does inherently suspect mean?
inherently suspect. racial and ethnic classifications such as those which would deny an entire race access to public services; Court holds these to be invalid, and only upholds them if they serve a compelling public interest. intermediate scrutiny.
What is a quasi-suspect class?
1. Quasi-suspect classes are those subject to an intermediate level of review under. the equal protection clause.
Which law would a court most likely use strict scrutiny to examine?
Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination.
What is suspect classification example?
A classification is called suspect because it is likely to be based on illegal discrimination. The clearest example of a suspect classification is race. History shows that most laws that use race as a way to classify people are based on racial discrimination and have no legitimate purpose.
Which is a drawback of becoming a suspect class?
Which is a drawback of becoming a suspect class? It can strike down laws that might discriminate in favor of the class.
What are the three levels of scrutiny used by the Supreme Court?
What Are The Levels of Scrutiny?Strict Scrutiny.Intermediate Scrutiny.Rational Basis Review.The Spectrum of Scrutiny.Jan 27, 2014
What three tests are associated with discrimination in law?
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
How do you challenge a law in court?
New Rule 5. 1 requires a party that files a pleading, written motion, or other paper drawing in question the constitutionality of a federal or state statute to file a notice of constitutional question and serve it on the United States Attorney General or state attorney general.
Definition
Suspect classification refers to a class of individuals that have been historically subject to discrimination.
Overview
Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny.
Determining a Suspect Classification
In determining whether someone deserves to be considered within a suspect classification, a court will look at whether the person is a "discrete and insular minorit [y]." In determining whether someone is a discrete and insular minority (and thus the person's claim deserves strict scrutiny), courts will look at a variety of factors, including but not limited to whether the person has an inherent trait, whether the person has a trait that is highly visible, whether the person is part of a class which has been disadvantaged historically, and whether the person is part of a group that has historically lacked effective representation in the political process..
Further Reading
For more on suspect classifications, see this Seattle University Law Review article, this Duke University Law Journal article, and this St. John's Law Review article .
When the Court determines that a suspect class is not being burdened by some classification, it applies: "
When the Court determines that a suspect class is not being burdened by some classification, it applies Rational Basis Review. This level of scrutiny is the most deferential to legislatures. Meaning, the Court will be more inclined to except the judgment of the law makers when they passed the law.
What is the race-related challenge to government action under the Equal Protection Clause?
Usually, a race-related challenge to government action under the Equal Protection Clause takes the form of a “Disparate Impact” or “Disproportionate Discriminatory Impact” challenge.
What was Brennan's plurality opinion in Colegrove?
Colegrove had focused on Article I, Section 5, whereas Brennan’s plurality opinion in Colegrove focused on an Equal Protection analysis. Similarly to Colegrove, the state had not redrawn the lines of the voting districts – what’s known as “redistricting” – in half a century.
What happens when the Supreme Court decides that strict scrutiny is most appropriate?
In the vast majority of cases, once the Court decides that Strict Scrutiny is most appropriate, the law will be struck down. Usually, if the Court applies Rational Basis Review, the law is upheld. Third, this tiered system of review is not unique to Equal Protection. It is used in Substantive Due Process cases, 1st Amendment cases, ...
Which state had anti-miscegenation laws?
Alabama (1883), which found such statutes to be valid, the Court decided that anti-miscegenation laws were unconstitutional under both the Equal Protection Clause and Substantive Due Process.
Which amendment is the Equal Protection Clause?
First, it should be noted that while the Equal Protection Clause, specifically, applies to state and local governments, everything included in that clause also applies to the federal government through the 5th Amendment.
Is prejudice a legitimate purpose?
Quite often, the Court will analyze the Equal Protection Clause and Substantive Due Process together – even occasionally blurring the lines between the two.It is also crucial to note that, even under Rational Basis Review, prejudice alone is never a legitimate purpose.
What are the three drugs that are used to treat opioid dependence?
There are three drugs approved by the FDA for the treatment of opioid dependence: buprenorphine, methadone, and naltrexone. All three of these treatments have been demonstrated to be safe and effective in combination with counseling and psychosocial support.
How many drugs are approved for OUD?
It also requires us to find new and more effective ways to advance the use of medical therapy for the treatment of OUD. There are three drugs approved by the FDA for the treatment ...
What is the FDA's new step?
FDA takes new steps to advance the development of innovative products for treating opioid use disorder. Statement from FDA Commissioner Scott Gottlieb, M.D., on new steps to encourage more widespread innovation and development of new treatments for opioid use disorder.
Is Suboxone a generic?
FDA approves first generic versions of Suboxone sublingual film, which may increase access to treatment for opioid dependence. FDA approves the first non-opioid treatment for management of opioid withdrawal symptoms in adults.
What is the nurse's question about a young adult patient who has been taking an antidepressant for several
The nurse questions further and learns that the patient has attempted suicide more than once in the past. The patient identifies a concrete plan for committing suicide.
What does TCA block?
TCAs do block receptors for histamine, acetylcholine, and norepinephrine; they do block the uptake of norepinephrine and 5-HT; and they do have other uses besides depression. 11. An older adult patient who is to begin taking imipramine [Tofranil] asks the nurse when the drug should be taken.
How long after a drug is used can you add another?
Adding a second medication, changing to a different medication, and increasing the dose of this medication should all be reserved until the current drug is deemed to have failed after at least 4 weeks.
Why is MAOI not recommended?
Stress-relieving methods and relaxation techniques are not recommended, because these symptoms occur during sleep. A patient who has been taking a monoamine oxidase inhibitor (MAOI) for depression for several months tells the provider that the medication has not helped with symptoms.
What is a posttest only nonequivalent group?
The first nonequivalent groups design we will consider is the posttest only nonequivalent groups design. In this design, participants in one group are exposed to a treatment, a nonequivalent group is not exposed to the treatment, and then the two groups are compared. Imagine, for example, a researcher who wants to evaluate a new method of teaching fractions to third graders. One way would be to conduct a study with a treatment group consisting of one class of third-grade students and a control group consisting of another class of third-grade students. This design would be a nonequivalent groups design because the students are not randomly assigned to classes by the researcher, which means there could be important differences between them. For example, the parents of higher achieving or more motivated students might have been more likely to request that their children be assigned to Ms. Williams’s class. Or the principal might have assigned the “troublemakers” to Mr. Jones’s class because he is a stronger disciplinarian. Of course, the teachers’ styles, and even the classroom environments might be very different and might cause different levels of achievement or motivation among the students. If at the end of the study there was a difference in the two classes’ knowledge of fractions, it might have been caused by the difference between the teaching methods—but it might have been caused by any of these confounding variables.
What happens if students in a similar school are given a pretest?
Students in a similar school are given the pretest, not exposed to an anti-drug program, and finally, are given a posttest. Again, if students in the treatment condition become more negative toward drugs, this change in attitude could be an effect of the treatment, but it could also be a matter of history or maturation.
How to improve posttest only nonequivalent groups design?
Another way to improve upon the posttest only nonequivalent groups design is to add a pretest. In the pretest-posttest nonequivalent groups design t here is a treatment group that is given a pretest, receives a treatment, and then is given a posttest. But at the same time there is a nonequivalent control group that is given a pretest, does not receive the treatment, and then is given a posttest. The question, then, is not simply whether participants who receive the treatment improve, but whether they improve more than participants who do not receive the treatment.
What is a nonequivalent group design?
A nonequivalent groups design, then, is a between-subjects design in which participants have not been randomly assigned to conditions.
How to improve interrupted time series design?
One way to improve upon the interrupted time-series design is to add a control group. The interrupted time-series design with nonequivalent groups involves taking a set of measurements at intervals over a period of time both before and after an intervention of interest in two or more nonequivalent groups. Once again consider the manufacturing company that measures its workers’ productivity each week for a year before and after reducing work shifts from 10 hours to 8 hours. This design could be improved by locating another manufacturing company who does not plan to change their shift length and using them as a nonequivalent control group. If productivity increased rather quickly after the shortening of the work shifts in the treatment group but productivity remained consistent in the control group, then this provides better evidence for the effectiveness of the treatment.
What are the three types of quasi-experimental designs?
These are the one-group posttest only design, the one-group pretest-posttest design, and the interrupted time-series design. There are five types of quasi-experimental designs that are between-subjects in nature.
What are the four drugs that are included in the initial treatment regimen?
Four drugs— INH, RIF, PZA, and EMB — should be included in the initial treatment regimen until the results of drug-susceptibility tests are available. Each of the drugs in the initial regimen plays an important role. INH and RIF allow for short-course regimens with high cure rates. PZA has potent sterilizing activity, which allows further shortening of the regimen from 9 to 6 months. EMB helps to prevent the emergence of RIF resistance when primary INH resistance is present. If drug-susceptibility test results are known and the organisms are fully susceptible, EMB need not be included. For children whose clarity or sharpness of vision cannot be monitored, EMB is usually not recommended except when the risk of drug resistance is high or for children who have “adult-type” (upper lobe infiltration, cavity formation) TB disease.
What is the recommended treatment regimen based on?
The recommended treatment regimens are based, in large part, on evidence from clinical trials and are rated on the basis of a system developed by the U.S. Public Health Service (USPHS) and the Infectious Diseases Society of America (IDSA) (Table 6.3).
How long is the TB continuation phase?
The continuation phase of treatment is given for either 4 or 7 months. The 4-month continuation phase should be used in patients with uncomplicated, noncavitary, drug-susceptible TB, if there is documented sputum conversion within the first 2 months. The 7-month continuation phase is recommended only for
How to educate patients about TB?
Educating patients about TB disease helps ensure their successful completion of therapy. Health-care providers must take the time to explain clearly to patients what medication should be taken, how much, how often, and when. Patients should be clearly informed about possible adverse reactions to the medications they are taking and when to seek necessary medical attention. Providing patients with the knowledge they need regarding the consequences of not taking their medicine correctly is very important. In addition, patients should be educated about infection control measures and potential need for isolation (Table 6.1). HIV testing and counseling is recommended for all patients with TB disease in all health-care settings. The patient must first be notified that testing will be performed. The patient has the right to decline HIV testing and counseling (opt-out screening).
How long does it take to develop a TB control plan?
For each patient with newly diagnosed TB disease, a specific treatment and monitoring plan should be developed in collaboration with the local TB control program within 1 week of the presumptive diagnosis. This plan should include:
Why is it important for clinicians to evaluate a patient's response to treatment?
It is important for clinicians to evaluate a patient’s response to treatment to determine the ecacy of the treatment and to identify any adverse reactions. Clinicians use three methods to determine whether a patient is responding to treatment:
What is a dot in TB?
DOT is a component of case management that helps ensure patients adhere to therapy. It is the method whereby a trained health-care worker or another trained designated person watches a patient swallow each dose of anti-TB drugs and documents it. DOT is the preferred core management strategy recommended by CDC for treatment of TB disease and, if resources allow, for latent tuberculosis infection (LTBI) treatment. DOT can reduce the development of drug resistance, treatment failure, or relapse after the end of treatment. Good case management, which includes establishing a relationship with the patient and addressing barriers to adherence, facilitates successful DOT.
When does a Class 1 and Class 2 expire?
Class 1 and Class 2 certifications issued before July 1, 2020 will expire on July 1, 2023.
How long does it take to notify the agency of a wastewater treatment facility?
Yes, whenever a certified operator begins or terminates employment with a wastewater treatment works or pretreatment works, the employee/operator and the owner of the facility must notify the Agency of any changes in writing within 7 days.
How many hours of training is required for a Class 1 operator?
Yes, Class 1 and Class 2 certified operators must complete and document 30 hours of training during the three-year period before expiration date; a minimum of twenty hours of training must relate to the technical aspects of wastewater treatment. Class 3 and Class 4 certified operators must complete and document fifteen hours of training during the period before certification expiration date; a minimum of ten hours of training must relate to the technical aspects of wastewater treatment and operations.
What is a Class R certificate?
The general Class R certificate, also referred to as a Water Remediation Operator, is intended only for treatment or pretreatment facilities which treat groundwater contaminated with gasoline, diesel fuel, jet fuel, fuel oil, and/or kerosene.
Do municipal wastewater treatment facilities have to be Class K?
No, municipal and industrial wastewater treatment works have different operating requirements which are spelled out in the operating and discharge permits held by the facilities. Industrial facilities require a facility-specific Class K operator certified for operations at that specific facility. (See Item #24 above.)
Is a collection system operator required to operate a collection system?
Since this is a voluntary program, it means that a certified collection system operator is not required to operate a collection system, although it is strongly recommended by the Agency. 2. How are wastewater treatment facilities classified in Illinois?
Can you take class 3 and class 2 credits?
Yes, for the Class 3, Class 2, and Class 1 certification levels, up to 50% of the total requirement may be combined credit received for completed wastewater courses, college credits, and collection system, public water supply operating experience, or wastewater laboratory experience.
What is the treatment group?
Basic Concepts. Treatment and control groups. In experimental research, some subjects are administered one or more experimental stimulus called a treatment (the treatment group ) while other subjects are not given such a stimulus (the control group ).
When is a treatment considered successful?
The treatment may be considered successful if subjects in the treatment group rate more favorably on outcome variables than control group subjects. Multiple levels of experimental stimulus may be administered, in which case, there may be more than one treatment group.
What are two group designs?
The two basic two-group designs are the pretest-posttest control group design and the posttest-only control group design, while variations may include covariance designs. These designs are often depicted using a standardized design notation, where R represents random assignment of subjects to groups, X represents the treatment administered to the treatment group, and O represents pretest or posttest observations of the dependent variable (with different subscripts to distinguish between pretest and posttest observations of treatment and control groups).
What is a threat in pre-post design?
Testing threat is a threat in pre-post designs where subjects’ posttest responses are conditioned by their pretest responses. For instance, if students remember their answers from the pretest evaluation, they may tend to repeat them in the posttest exam. Not conducting a pretest can help avoid this threat.
Why is treatment manipulation important?
Treatment manipulation helps control for the “cause” in cause-effect relationships. Naturally, the validity of experimental research depends on how well the treatment was manipulated. Treatment manipulation must be checked using pretests and pilot tests prior to the experimental study.
What is random assignment?
Random assignment is however a process of randomly assigning subjects to experimental or control groups. This is a standard practice in true experimental research to ensure that treatment groups are similar (equivalent) to each other and to the control group, prior to treatment administration.
What is instrumentation threat?
Instrumentation threat , which also occurs in pre-post designs, refers to the possibility that the difference between pretest and posttest scores is not due to the remedial math program, but due to changes in the administered test, such as the posttest having a higher or lower degree of difficulty than the pretest.