
334: Listen and Learn -- Standards of Review (Con Law)
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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What Is the Standard of Review for Questions of Constitutional Law?
There are three basic conlaw standards of review, rational basis, intermediate scrutiny and strict scrutiny. Low courts enjoy a different degree of deference when dealing with questions of constitutional law. To survive a constitutional challenge under strict scrutiny, the government must show the law is necessary to serve a compelling government interest. We'll dive into some examples as well so you have a good grasp of how all of this works in the real world.
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