Flashcards in Std of review Deck (28):
SS review laws almost always
fundamental riughts are ___ the circle
inside - gets SS
OUTSIDE t he circle gets
Difference between CSI, important gov objective, and leg gov objective is
Legit gov objective just needs:
to be legitimate. Can be unwise. Gets RB-
Important gov objective needs
to be legit and reasonable and sub related to gov objective. Scrutiny is determined on if its a fundamental right or not. "You try to go"
"You must go"
It's important to know they dont fail at CSI or important gov objective fails at...
For CSI- nt, no less restrictive means
IGO- fails at sub related.
marriage and procreation
fundamental right gets
CSI- NT, NO less restrictive means needs perfect fit - on exam will have to come up with on our own for exam if it fails.
Legitimate gov objective which are 1. 2. 3... o nexam list.
sexual orientation gets
pure economic regulation gets /wealth
Courts can use efficiency/admin convenience for the reason under..
Efficiency for reason under I/S or S/S
mental retardation gets ____ review
rb+, unless if law ISNT based in animus RB
CLASSIFICATION BY RACE--
I/S---DOESNT matter who brings!
Stds of Review under EP and SDP
ARE THE SAME
history of discrim; immutable trait, politically powerless
difference between rb and rb+
tricky. rb never gets overturned, rb+ law always fails
penrose thoughts on rb+
court may sense injustice and wants to fix it
Fundamental right analysis *** look up
1. Look to history - kennedy shows it can look to short term.
2. Could the concept of ordered liberty survive? with/withouyt law.
fund right analysis 2
1. If fundamental right- ss
if not, rb