Work through an equal-protection question testing strict scrutiny, intermediate scrutiny, rational basis, and the political-function exception.
A state legislature enacts a statute providing that only U.S. citizens may serve as probation officers. The state explains that probation officers decide when to recommend revocation, propose sanctions, and interact directly with courts on public-safety matters. Nadia, a lawful permanent resident who satisfies every other qualification, is denied a probation-officer position and sues under the Equal Protection Clause. She argues that alienage classifications by a state ordinarily trigger strict scrutiny and that the statute is unconstitutional.
The court should apply rational-basis review under the political-function exception and uphold the citizenship requirement for probation officers. State alienage classifications ordinarily trigger strict scrutiny because alienage is generally treated as a suspect classification. But the Court recognizes a political-function exception for certain positions that go to the heart of democratic self-government or involve broad discretionary execution of public policy. When a state reserves those positions to citizens, rational-basis review applies instead of strict scrutiny. The exam therefore turns first on classification and then on whether the job falls inside the exception. Under rational basis, the law need only be rationally related to a legitimate governmental interest.
Should the court apply strict scrutiny to this state alienage classification, or does the political-function exception lower the level of review?
State alienage classifications ordinarily trigger strict scrutiny because alienage is generally treated as a suspect classification. But the Court recognizes a political-function exception for certain positions that go to the heart of democratic self-government or involve broad discretionary execution of public policy. When a state reserves those positions to citizens, rational-basis review applies instead of strict scrutiny. The exam therefore turns first on classification and then on whether the job falls inside the exception. Under rational basis, the law need only be rationally related to a legitimate governmental interest.
Nadia begins with the correct general rule: state alienage classifications usually get strict scrutiny. But probation officers occupy a position with real discretionary authority tied to public safety and the administration of state criminal justice…