judicial scrutiny

Nov 25, 2022 Alex Chemerinsky
Tears of Scrutiny (2022) 57 Tulsa L.Rev. 341

For decades, jurists and scholars have claimed that there are three tiers of judicial scrutiny in constitutional law cases: rational basis, intermediate, and strict.  This article argues that the Supreme Court subtly invented a four tier, exacting scrutiny, which it applies in varying ways in

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