Sentences with phrase «strict judicial scrutiny»
R.S. 14:95 (E) deals not only with illegal drugs but with firearms, the firearm aspect of the statute can not survive strict judicial scrutiny, and the entire statute must be declared unconstitutional.
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«the absolute deprivation of education should trigger strict judicial scrutiny, particularly when the absolute deprivation is the result of complete inability to pay for the desired benefit.»
The case changed the standard for gender - related cases, with the plurality arguing for strict judicial scrutiny, rather than rational basis review.
It could not pass the test of strict judicial scrutiny.»
The foregoing considerations buttress our conclusion that Texas» system of public school finance is an inappropriate candidate for strict judicial scrutiny.
Not exact matches
On this point, the Rodriguez court observed that the school - funding systems in Texas and «virtually every other state [would] not pass muster» under strict federal judicial scrutiny.
Applying strict scrutiny, the court explained that the challenged provisions of the Arizona Code of Judicial Conduct «further -LSB--RSB- a compelling interest and [are] narrowly tailored to achieve that interest.»
Where the district court had rejected the notion that judicial candidates ought to enjoy greater freedom to engage in partisan politics than sitting judges, the Ninth Circuit panel found the restrictions on non-judge free speech to be insufficiently narrowly tailored to hold up under strict scrutiny.
The Sixth Circuit, applying strict scrutiny, affirmed the lower court's conclusion that the party affiliation and solicitations clauses violated the First Amendment as neither was narrowly tailored to serve the state's compelling interests in having an unbiased judiciary and to decrease reliance on political parties in judicial elections.
Unfortunately, the court once again dodged the question, finding that Vermont's law failed on first amendment grounds «whether a special commercial speech inquiry or a stricter form of judicial scrutiny is applied.»
Even under strict scrutiny, being able to identify a passenger, especially using public transit, having identification serves an overriding and legitimate public purpose (actually multiple purposes) and as such, would survive the strictest of judicial scrutiny.