Conservatives Take Aim At Courts' Tiers Of Scrutiny

Law360 (December 3, 2019, 9:49 PM EST) -- Conservative legal experts on Tuesday called for the Supreme Court to consider scrapping the tiers of scrutiny, developed decades ago as a broad framework for judicial review, arguing that the principle isn't spelled out in the Constitution and has led to politically slanted court rulings.

Introduced in the 1950s and '60s, three tiers for reviewing laws on the books — strict scrutiny, intermediate scrutiny and rational-basis review — have attempted to balance the government's interest in pursuing a particular policy goal with the rights of affected parties when courts undertake an analysis of a law's constitutionality.

Some experts see the framework coming into play...

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