A city council enacts an employment policy that requires firefighters on the municipal payroll to retire at age 52. While such a policy is not necessarily invalid under federal age discrimination laws, a 55-year-old firefighter adversely affected by the new rule files suit against the city on Fourteenth Amendment equal protection grounds.
a. Faced with a claim of a constitutionally impermissible classification, a judge may choose among three tests, or levels of scrutiny, that have been developed by the U.S. Supreme Court. Identify and explain each of these tests.
b. On the basis of his separate opinion in Cleburne v. Cleburne Living Center, how would Justice Stevens go about evaluating the validity of the firefighter's claim?
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