Sentence examples for scrutiny test from inspiring English sources

This is what is sometimes called a "heightened scrutiny" test, and its application most often determines the outcome.

Adarand appealed again to the Supreme Court last November, arguing that the program still incorporated racial preferences that failed the strict scrutiny test.

Last September, the United States Court of Appeals for the 10th Circuit, in Denver, said the program met the "strict scrutiny" test and was constitutional.

Judge Walker laid the factual groundwork that might have allowed him to invoke the tough "strict scrutiny" test to Proposition 8 — a test that most laws flunk.

Breyer based his finding not on a strict scrutiny test that the plurality had used, but on a "proportionality" or "intermediate scrutiny test".

Courts rightly have said that only a "compelling reason" under a "strict scrutiny" test could constrain speech.

In terms of raw data, arguments for making raw data more widely available and sharing data were once more repeated in a recent editorial in the British Medical Journal [ 39] to ensure independent scrutiny, testing of secondary hypotheses, aiding design of new studies, and simplifying data acquisition for meta-analyses.

Under the heightened-scrutiny test, Holder concludes, there is no justification for DOMA, so it is unconstitutional.

It would involve the government arguing, as in Windsor, that the heightened-scrutiny test should be applied to Proposition 8, the logical extension of which is a rejection of Prop 8's marriage restriction, as its only justification is based on the weak rationale of custom or, worse, prejudice.

Mr. Bush would spend $13 billion and focus attention on holding low-performing schools accountable by imposing financial penalties and heightening scrutiny of test data, particularly among minority students.

He argues that the Florida ethics rule passes "strict scrutiny," the test the court employs when fundamental rights, such as free speech, are at stake.