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  2. Rational basis review - Wikipedia

    en.wikipedia.org/wiki/Rational_basis_review

    In modern constitutional law, the rational basis test is applied to constitutional challenges of both federal law and state law (via the Fourteenth Amendment).This test also applies to both legislative and executive action, whether those actions be of a substantive or procedural nature.

  3. Intermediate scrutiny - Wikipedia

    en.wikipedia.org/wiki/Intermediate_scrutiny

    Florida used the rational basis test standard of review even though the law was content neutral because a jailhouse is a non-public forum. Ward v. Rock Against Racism, 491 U.S. 781 (1989) held that a city's restriction on loud music volume controlled by equipment and technicians is constitutional because it is narrowly tailored. Madsen v.

  4. United States v. Carolene Products Co. - Wikipedia

    en.wikipedia.org/wiki/United_States_v._Carolene...

    In keeping with the New Deal Revolution, Carolene Products applies the "rational basis test" to economic legislation. An extremely low standard of judicial review, there is a presumption that the legislation in question is constitutional and the challenging party must show that the law fails the test.

  5. Substantive due process - Wikipedia

    en.wikipedia.org/wiki/Substantive_due_process

    Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [ 39 ] There is also a middle level of scrutiny, called intermediate scrutiny , but it is used primarily in Equal Protection cases, rather than in Due Process cases: "The standards of intermediate scrutiny have yet to ...

  6. Romer v. Evans - Wikipedia

    en.wikipedia.org/wiki/Romer_v._Evans

    The majority opinion in Romer stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'—the normal test for compliance with the Equal Protection Clause—is the governing standard".

  7. 'Overwhelming evidence' of negative consequences from gender ...

    www.aol.com/news/overwhelming-evidence-negative...

    At issue during Wednesday's oral arguments was the level of scrutiny that courts should use to evaluate the constitutionality of state bans on transgender medical treatment for minors, such as SB1 ...

  8. City of Cleburne v. Cleburne Living Center, Inc. - Wikipedia

    en.wikipedia.org/wiki/City_of_Cleburne_v...

    Holding; Possessing an intellectual disability is not a quasi-suspect classification calling for a heightened level of scrutiny, but nevertheless, the requirement of a special use permit for a proposed group home for people with intellectual disabilities violated the Equal Protection Clause of the Fourteenth Amendment because no rational basis for the discriminatory classification could be ...

  9. Facial challenge - Wikipedia

    en.wikipedia.org/wiki/Facial_challenge

    In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge , which alleges that a particular application of a statute is unconstitutional.