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By October 2010, a batch of 40 cases were under heightened review, 18 of them with "Tea Party" in the group names.
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Many of them reason only that if consensual same-sex sodomy may be criminalized under Bowers v. Hardwick, then it follows that no heightened review is appropriate - a line of reasoning that does not survive the overruling of Bowers in Lawrence v. Texas, 538 U.S. 558 (2003).
Back then, laws discriminating against women didn't even trigger any form of heightened review.
Under heightened scrutiny, unlike under rational-basis review (the default standard of review in constitutional cases), the government's actions do not receive the benefit of a presumption of constitutionality when they are challenged in court.
Thus, the real question will be whether the Delaware courts are likely to review these actions under heightened fiduciary standards.
In reviewing a legislative classification under heightened scrutiny, the government must establish that the classification is "substantially related to an important government objective".
The plaintiffs also make a persuasive case that laws which pertain to gays and lesbians should be considered under heightened scrutiny, a more searching form of legal review that courts have historically used when considering laws which classify based on race, sex and national origin.
In 2012, the second circuit court of appeals reviewed the Defense of Marriage Act under heightened scrutiny.
Umpires are under heightened scrutiny after two wrong decisions last week.
They also say that they are under heightened scrutiny by newly energized Fed bank supervisors.
They will play them under heightened expectations for the first time in a long while.
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CEO of Professional Science Editing for Scientists @ prosciediting.com