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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 ".
Carolene Products is best known for its Footnote Four, which is considered to be "the most famous footnote in constitutional law." [1] [2] Although the Court had applied minimal scrutiny (rational basis review) to the economic regulation in this case, Footnote Four reserved for other types of cases other, stricter standards of review.
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
Ginsburg notes that while the law does require "heightened scrutiny," it satisfies the requirements of strict scrutiny because of how narrowly tailored it was: "The Act was the culmination of ...
Last Friday, a panel of three judges from the US Court of Appeals for the District of Columbia Circuit concluded the law withstood constitutional scrutiny by protecting free speech in the US "from ...
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 ...
In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or ...
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 ...