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Strict scrutiny - Wikipedia, the free encyclopedia
Strict scrutiny is the most stringent standard of judicial review used by United States courts reviewing federal law. Along with the lower standards of rational basis review and intermediate scrutiny...
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Intermediate scrutiny - Wikipedia, the free encyclopedia
Intermediate scrutiny , in U.S. constitutional law, is the middle level of scrutiny applied by courts deciding constitutional issues through judicial review. The other levels are typically referred t...
en.wikipedia.org/wiki/Intermediate_scrutiny |
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In addition to establishing the First Amendment origin of the compelling state interest test and strict scrutiny, this Article discusses the revised history for the light it sheds on strict scrutiny's rationale, arguing that strict scrutiny began as a tool of cost-benefit analysis, not as a means to ferret out...
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The Legal Term * Strict Judicial Scrutiny * Defined & Explained ... In order to satisfy strict scrutiny, a law must be neither vague nor substantially over- or underinclusive. (See Schad v. Mount Ephraim (1981) 452 U.S. 61, 71-74 [68 L.Ed.2d 671, 682-684];
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{JEB v. AL} 2) Statutory Rape: a) Valid to punish males only b/c of important state interest in preventing pregnancy {Michael M.} 3) Male-Only Draft: a) Important governmental interest in preparing combat troops {Rostker v. Goldberg} STRICT SCRUTINY: Test: 1) Whether classification is Necessary to promote a...
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Finally, the article proposes a new strict scrutiny test for evaluating affirmative action admission policies, and highlights why it is appropriate to use separate tests for challenges to affirmative action programs aimed at achieving diversity in the workplace and those aimed at achieving diversity in education.
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The Court also applies strict scrutiny to classifications burdening certain fundamental rights. Skinner v Oklahoma considers an Oklahoma law requiring the sterilization of persons convicted of three or more felonies involving moral turpitude ("three strikes and ... (See "Should the Rational Basis Test Have Bite?")
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