Final answer:
In conducting an equal protection analysis, one must ask which groups are affected, which rights are threatened, and what actions the government can take to ensure equality.
Step-by-step explanation:
Equal Protection Analysis Questions
When dealing with an equal protection analysis, three critical questions must be asked to ensure any state action meets the standards of the Equal Protection Clause of the 14th Amendment:
Which groups? Identify the group of people who are facing potential discrimination. Is there a classification that singles out a group based on characteristics such as race, ethnicity, gender, or other factors?
Which right(s) are threatened? Determine what specific right or rights are being restricted or denied to the identified group. Is there a fundamental right at stake, or are there other considerations that identify a failure in providing equal protection under the law?
What can the government do? Assess what remedial actions the government can take to address the situation and establish fairness. This includes considering whether any proposed solutions are practical and within the scope of the government's authority.
These questions guide the evaluation of whether the government's action is permissible under the Equal Protection Clause.