"This is a use of strict scrutiny" -- normally the most skeptical level of judicial review -- "which is extremely deferential," said Professor Schuck.
Any effort to take a fundamental right like marriage away from such a group must receive the highest level of judicial scrutiny, opponents of the ban said.
Brokenshire said that "given the extent and level of judicial and other scrutiny", the home secretary, Theresa May, had decided not to intervene.
Democrats and Mrs. Rell want to leave room for some level of judicial discretion, while some Republican proposals would automatically mandate life sentences for career criminals.
The ruling renewed a debate behind the scenes among the administration's top lawyers about what level of judicial review was appropriate in Mr. Padilla's case.
I wonder what level of judicial activity takes place in this area of Long Island that it would require a building of such volume and scale, housing 24 courtrooms and a large work force.
While Congress was free to set the level of judicial pay, Justice Breyer said, "the Compensation Clause assures judges that, once Congress has made such a decision, a later Congress cannot overturn it".
The Ashcroft proposal appears to treat a message's addressing and routing information as if it were no more than a phone number, retrievable with the same low level of judicial oversight.
"We're applying this program that is fair, equitable and therefore that much more likely to be upheld at every level of judicial review, up to the New York State Court of Appeals and the United States Supreme Court, if it goes there," he said.
For the moment, Harold Koh, the dean of Yale law school, thinks the big effect of the decisions will be to constrain executive power and force the administration to submit to some (albeit unclear) level of judicial oversight.
