Levels of Judicial Review

Question 1

Rational Basis

Answer 1

Law will be upheld if
1) it is rationally related (conceivably appropriate means)
2) to a legitimate government interest (any conceivable legit purpose)
Burden is on challenger to the law to prove uncon.

Question 2

Intermediate Level Scrutiny

Answer 2

Law will be upheld only if
1) substantially related (very little overbreadth or underbreadth will be tolerated)
2) to an important governmental interest (actual interest)
Burden is on government once prima facie case of P’s claim is shown

Question 3

Strict Scrutiny

Answer 3

Law will be upheld only if
1) narrowly tailored (no overbreadth or underbreadth will be tolerated)
2) to achieve a compelling interest (actual purpose)
Burden is on government once prima facie case of P’s claim is shown

Question 4

Contract Clause: private contracts

Answer 4

Intermediate Scrutiny BUT courts have been generous in upholding regulations that almost eradicate K obligations

Question 5

Contract Clause: public contracts

Answer 5

Strict Scrutiny: often the regulation will be unconstitutional as applied b/c of the govt’s position as both regulator and participant in the K

Question 6

Right to Abortion (SDP)

Answer 6

1) before viability, regulation to protect mother’s health or fetal life must not place an undue burden on the woman’s right to obtain an abortion
2) after viability, the government may prohibit all abortions, unless the procedure is necessary to protect a women’s life or health
Viability = survival outside the womb with medical assistance
Undue Burden = substantial obstacle to women’s right to abortion

Question 7

Right to abortion examples

Answer 7

Undue burden:
1) spousal notification or consent
2) banning all partial-birth abortions
3) not giving “bypass procedures” for parental notice or consent
Constitutional:
1) 24 hour waiting period
2) performance in licensed hospital by licensed physician
3) parental notice or consent with bypass procedures
4) partial-birth abortion regulation with life exception

Question 8

Economic Liberties (SDP)

Answer 8

Rational basis review
EXAMPLES: regulating business licenses or labor practices, policy for terminating public employees, administering public benefits

Question 9

Race or National Origin (EP)

Answer 9

1) govt act intentionally
2) discriminates against a class
3) based on race or national origin
4) apply strict scrutiny