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In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must ...
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny. [2] Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate ...
Prior to New York State Rifle & Pistol Association, Inc. v. Bruen (2022), which rejected application of intermediate scrutiny to the right to keep and bear arms under the Second Amendment to the United States Constitution, various federal and state laws restricting access to guns by certain people, laws that restrict or ban the acquisition or ...
Pursuant to the state constitution, the Georgia General Assembly has enacted legislation. Its session laws are published in the official Georgia Laws, [1] which in turn have been codified in the Official Code of Georgia Annotated (O.C.G.A.). [1] The Code of Georgia Annotated is another, unofficial codification published by West. [1]
These levels of scrutiny are normally applied to legislation, but can also be applied to judicial acts and precedents (as seen in the context of challenges to the constitutionality of awards of punitive damages). In other words, the common law (including case law) is not immune to at least some minimal amount of judicial review for ...
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution, the U.S. Code, the Code of Federal Regulations, and the state's constitution. It is to the state what the U.S. Code is to the federal ...
Former Illinois Governor Rod Blagojevich spoke to Scripps News about the indictment of former President Donald Trump in Georgia.
This higher level of scrutiny, now called "strict scrutiny", was applied to strike down an inmate forced sterilization law in Skinner v. Oklahoma (1942) and in Justice Black's infamous opinion in Korematsu v. U.S. (1944) in which Japanese internment was upheld despite being subject to heightened scrutiny. Under strict scrutiny, a law will be ...