Std of review Flashcards
SS review laws almost always
fail
fundamental riughts are ___ the circle
inside - gets SS
OUTSIDE t he circle gets
rb review
Difference between CSI, important gov objective, and leg gov objective is
degrees
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”
CSI -
“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.
age
rb
marriage and procreation
ss
fundamental right gets
ss
SS Review
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.
RB review.
Legitimate gov objective which are 1. 2. 3… o nexam list.
sexual orientation gets
rb+
travel gets
ss
pure economic regulation gets /wealth
rb
Courts can use efficiency/admin convenience for the reason under..
RB only
Efficiency for reason under I/S or S/S
fails
mental retardation gets ____ review
rb+, unless if law ISNT based in animus RB
CLASSIFICATION BY RACE–
SS
GENDER
I/S—DOESNT matter who brings!
Stds of Review under EP and SDP
ARE THE SAME
SS classificaiton–
history of discrim; immutable trait, politically powerless
difference between rb and rb+
tricky. rb never gets overturned, rb+ law always fails