Standards of Review Flashcards
Privileges and Immunities
Applies if: intentional discrimination against out-of-staters based on fundamental right (such as livelihood, but no corporations or aliens)
Substantial justification standard:
R: the state law may be valid if the state has a substantial justification for the different treatment. The state must show that the nonresidents are either the cause of the problem or part of the problem that state is trying to solve. There must be no less restrictive means to solve the problem–sole cause of problem is out of staters.
Dormant commerce clause
Applies: where Congress has not acted and a state is regulating local aspects of IC
Rule: The state violates DCC if:
- the state discriminates against IC OR
- unduly burdens interstate commerce
DCC–Undue burden standard
The state law is invalid unless the state’s interest in the regulation outweighs the burden on IC
DCC–discrimination against IC
State law is invalid unless:
- the law furthers an important, non-economic state interest AND
- there are no reasonable nondiscriminatory alternatives
Exception: market participant
Exception: traditional government function
Fundamental Rights
Applies to: right to vote, travel, privacy, and first amendment freedoms AND suspect classifications
Standard: strict scrutiny
SS: the law will be upheld if the law is necessary to serve a compelling state interest
Quasi-suspect classifications
Applies to: gender, legitimacy
Standard: intermediate (law will be upheld if the law is substantially related to an important government purpose.
EPC/Substantive Due Process–all others
Applies to: non-fundamental rights and doesn’t involve suspect or quasi-suspect classifications then
Standard: the law will be upheld if the law is rationally related to a legitimate state interest. must not be arbitrary or irrational
Beneficial Race Discrimination
The law will be upheld if it shows past discrimination and the law remedies specific past discrimination OR
Standard: the law is narrowly tailored to serve a compelling state interest
Alienage
Strict scrutiny
Exception: self-government process (i.e. voting, jury service, elective office) than RB
Undocumented aliens
Rational basis review
Gender/legitimacy
The law must be substantially related to an important government interest. There must be an exceedingly persuasive justification.
Fundamental right–Abortion
Rule: the right of privacy includes the right of a woman to obtain an abortion without state interference under certain circumstances (no SS)
State compelling interest: woman’s health and the fetus
Pre-viability: The law will be upheld if the law does not place an undue burden on or a substantial obstacle to the woman and serves a compelling state interest (health and babies)
Post-viability : the state’s compelling interest in protecting the fetus may override the woman’s right to obtain abortion, but not to the extent it is necessary to protect her health.
Economic liberties
Rational basis review
Contracts
Applies: where state or local law substantially impairs a private party’s rights under existing contract
Standard: the law must be reasonably and narrowly tailored to promote an important and legitimate public interest
Content-based laws
Applies to: laws that restrict speech based on SUBJECT MATTER or VIEWPOINT
Must meet strict scrutiny
UNLESS: non-public or limited public forum, than may restrict subject matter, but not viewpoint if the law is reasonably related to a legitimate government interest (RB)
