The strict scrutiny standard of judicial review is based on the Equal Protection Clause of the Fourteenth Amendment. Federal courts use strict scrutiny to determine whether certain types of government policies are constitutional.
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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...
en.wikipedia.org/wiki/Strict_scrutiny
Equal Protection Clause - Wikipedia, the free encyclopedia
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The Equal Protection Clause , part of the Fourteenth Amendment to the United States Constitution, provides that "(n)o state shall ... deny to any person within its jurisdiction the equal protection ...
en.wikipedia.org/wiki/Equal_Protection_Clause
...the city's affirmative action program have been thrown...Rights Initiative, an anti-affirmative action group that had challenged...race, sex, ethnicity, or national origin in the operation of public...amended to end the use of Affirmative Action for women and ...
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The Ohio Supreme Court also said in their decision that lower courts must use a “heightened scrutiny” when hearing eminent domain cases, especially when it involves taking property from an individual and giving it to another private party.
www.churcharchitect.net/080306.htm
nor did it concern the use of eminent domain to transfer property to common carriers, ... In applying this heightened scrutiny, courts must determine whether the purpose for the taking will be appropriately accomplished through the scope of the solution and to what degree the taking will achieve its purpose.
www.allbusiness.com/legal/4071406-1.html
It argues that courts, at a minimum, should explicitly state the level of protection afforded and the source of that protection. For states that do offer free exercise protection, it then presents a framework that courts can use to determine when heightened scrutiny is appropriate...
www.columbialawreview.org/articles/free-exercise-claims... www.columbialawreview.org/articles/free-exercise-claims-in-custody-battles-is-heightened-scrutiny-required-post--i-smith-i
This article discusses the legal standards courts now are using to assess the legality ... to use a preference to preserve numerical balance once the effects of past discrimination have been eliminated. Employers also must structure preferential plans that have a realistic relationship to statistics that...
www.thefreelibrary.com/Preferences+in+hiring+and+promot... www.thefreelibrary.com/Preferences+in+hiring+and+promotion%3A+courts+impose+heightened+scrutiny-a016548142
Where, however, a condemnation is commenced for an apparently valid public purpose, but the real purpose is otherwise, the condemnation may be set aside.” New Jersey courts have declined to define the term “public purpose,” but have generally interpreted it broadly. ... Exclusive Use Clauses...
www.meislik.com/main/cases/summary_mostrecent/1122/
1995). Despite the clear language of the FHA and strong evidence that Congress intended for courts to use heightened scrutiny, the Eighth Circuit Court of Appeals is alone in adopting a standard for reviewing zoning ordinances that is highly deferential to local governments.
www.bazelon.org/issues/housing/advocacy.htm www.bazelon.org/issues/housing/advocacy.htm