Judicial Review Flashcards

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1
Q

Rational Basis

A

Government’s law/regulation/action will be upheld if rationally related to legitimate governmental interest.

Challenger bears burden

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2
Q

Intermediate Scrutiny

A

Government’s law/regulation/action will be upheld if substantially related to an important governmental interest

Government bears burden, some over/underbreath will be tolerated

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3
Q

Strict Scrutiny

A

Government’s law/regulation/action will be upheld if narrowly tailored to achieve a compelling interest

Government bears burden, no over/under breath tolerated.

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