What Does The Rational Basis Test Require? To pass the rational basis test, the statute or ordinance must have a legitimate state interest, and there must be a rational connection between the statute’s/ordinance’s means and goals. What is the rational basis test and why is it important? A test used to determine whether a law
Which Standard Imposes The Most Difficult Burdens On The Government Defending A Law? “Strict scrutiny,” as the name implies, is the most stringent — it places the burden on the government defending a law to, first, identify a compelling governmental interest and, second, show that the means chosen by the government are narrowly tailored to
In Which Types Of Cases Would The Supreme Court Use The Standard Of Strict Scrutiny? Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include
Does Mental Health Get Strict Scrutiny In Cases? Strict scrutiny is the highest form of judicial review that courts use to evaluate the constitutionality of laws, regulations or other governmental policies under legal challenge. As Justice David Souter famously wrote in his dissenting opinion in Alameda Books v. What is protected under strict scrutiny? Strict
What Function Does Strict Scrutiny Play Under The Equal Protection Clause? What function does strict scrutiny play under the Equal Protection Clause? Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination.