Question
The State of Excess has a culturally diverse population whose racial composition is reflected proportionately in the makeup of its legislature. Based upon a study showing that older automobiles are primarily responsible for air pollution in the state, the legislature unanimously passed a law that imposes an environmental impact fee upon the registration of any automobile manufactured prior to 1990.
Although every lawmaker went on record in support of the legislation on grounds it would protect the environment, and no other reasons or statements were offered in support of the law’s enactment, it has become evident that the law disproportionately burdens historically disadvantaged racial minorities. A coalition of these disproportionately impacted minorities has sued in Federal Court on grounds that the law invidiously discriminates in violation of the Equal Protection Clause of the Fourteenth Amendment.
Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.
