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 circumstances....

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Overview Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is...
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Overview

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...

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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...