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Questions tagged [standard-of-review]

This tag is for questions about the standard of review or level of scrutiny applied by courts in the United States when assessing the constitutionality of legislation. For appellate standards of review, use the tag appellate-standards-of-review.

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2 votes
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When a lower court bases its outcome on an interpretation of the law, what is the standard under which that interpretation is reviewed?

When a lower court bases its outcome on a question of the law (e.g. the interpretation of a statute, or the requirements of the common-law or the constitution), what is the standard under which that ...
Jen's user avatar
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18 votes
2 answers

Has any law failed a test of rational basis?

Has any federal or state law ever been struck down because it had no rational basis, in a case where that was the standard for constitutionality?
Someone's user avatar
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4 votes
4 answers

How low is the bar for "legitimate government interest"?

The default and lowest standard of review for constitutional questions in the US is "rational basis review". Higher standards are required, if fundamental rights or suspect classifications are at ...
user6726's user avatar
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