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Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a legitimate government interest.
Time to unleash the Republican-dominated Judicial Standards Commission on them. Once again, independent judicial review is on the chopping block. It’s not enough that Republicans have given us ...
The Supreme Court has established standards for determining whether a statute or policy must satisfy strict scrutiny. One ruling suggested that the affected class of people must have experienced a history of discrimination, must be definable as a group based on "obvious, immutable, or distinguishing characteristics", or be a minority or ...
Washington, D.C.: United States Judicial Conference Committee on the Bicentennial of the Constitution of the United States. LCCN 91601231. Flanders, Steven (2010). The Federal Circuit – a Judicial Innovation : Establishing a U.S. Court of Appeals. Twelve Tables Press. ISBN 978-0-9747-2866-7. LCCN 2011290640.
(The Center Square) — Maine Supreme Judicial Court Justice Catherine Connors should be reprimanded for failing to recuse herself in two recent foreclosure cases despite a possible conflict of ...