rational basis review

(LIIBULLETIN preview)

In Engquist v. Oregon Department of Agriculture, the Supreme Court will resolve a circuit split regarding whether an individual government employee can bring an Equal Protection claim against her employer, a state government agency, for treating her...

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Overview

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and...

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Overview

Intermediate scrutiny is a test courts often use in the field of Constitutional Law to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which...

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The rational basis test is a judicial review test. A judicial review test is what courts use to determine the constitutionality of a statute or ordinance.

The Requirements of the Test

To pass the rational basis test, the statute or ordinance...

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Overview

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the...