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Judge Vaughn Walker applied a rational basis test to Prop 8 and struck it down.
The Court said that these laws wouldn't receive strict scrutiny (like racial laws), but still "heightened scrutiny" (rather than, in legal lingo, a "rational basis" test).
Walker aimed his opinion to fit within the ambit of those precedents and satisfy the rational basis test, should the case ever reach the supreme court.
Future weeks would, on a monthly basis, test the same data-mining methods on different scenarios like human trafficking, terrorism, and narcotics.
Under this "rational basis" test, a statute will be upheld — even when groups are treated differently — if the law has some reasonable relationship to a legitimate government purpose.
For decades, state and federal courts have applied an excessively deferential "rational basis test" to most laws that treat citizens unequally.
Similar(32)
On the basis of clinical testing and a survey, the commission made recommendations to address the chronic gas-related effects.
The Secretary shall review and evaluate on a continuing basis testing programs carried out by industry to assure the adequacy of safeguards against hazardous electronic product radiation and to assure that electronic products comply with standards prescribed under this section.
With the aid of Oliver Wendell Holmes, Jr., Thayer's deferential approach --as embodied in the rational basis test became our constitutional default across the board, not just in cases involving challenges to congressional statutes (as Thayer had advocated).
316 (1819); it certainly did not import the Lee Optical rational-basis test into this arena through such a parenthetical.
While undoubtedly deferential, this may well be different from the rational-basis test as Lee Optical described it.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com