Arnold Krueger is married to Chloe, and they have two children, Sarah, 9 and Shaniqua, 11. Arnold also has a 15-year-old son named Martin from a previous, unmarried relationship with a woman named Nancy.
Arnold owns a chain of supermarkets and two rental buildings in Manhattan which provide a huge income. Despite all his wealth, Arnold has not written a Will and reacts angrily when people suggest he should see a lawyer and have a Will drafted.
Arnold has just died, and he has died intestate. This poses a problem because it means that his considerable estate will have to be disposed of pursuant to New York intestacy statute. To complicate matters, as far as Martin is concerned, the State of New York has just enacted a statute which states as follows:
“In the event that a father dies intestate, nonmarital or illegitimate children would not be able to inherit unless paternity of the nonmarital children was formally established before the death of the father, or in the alternative, the nonmarital child can establish in a court of law, by a preponderance of the evidence, that the child in question was indeed the son of the deceased father. The presiding judge shall have total discretion to make such determination and that decision by the judge shall not be subject to appeal to a higher court.”
The statutes also states that the above requirements do not apply to children of marriage, who are automatically presumed to be lawful heirs of the deceased father. The statutes further states that the above burden imposed on nonmarital children will not apply when the deceased, intestate parent is the mother of the nonmarital children.
Nancy and Martin are outraged and have contacted a lawyer to challenge the constitutionality of the statute.
Write a three paragraph in which you argue whether the court is likely to find the statute in question as constitutionally valid or whether the court is likely to rule that the statute is unconstitutional and violates the equal protection Clause of the Fourteenth Amendment which states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” [emphasis added].
Your essay should be based on the application of the relevant levels of judicial review (rational basis, intermediate security, strict scrutiny).
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