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Health & Fitness

Strict Scrutiny Misapplied in Vergara?

In his decision on Vergara v. California, Judge Treu says he chose to apply the principle of “strict scrutiny” standard to the analysis of the facts of the case.  Strict scrutiny is the “most thorough” level of analysis, is used when the plaintiffs have proven they’ve been harmed, and essentially shifts the burden of proof to the state.  “It is a level of scrutiny applied to classifications that are alleged to violate constitutional rights to equal protection of the laws. Strict scrutiny is applied in cases where there is a real and appreciable impact on, or a significant interference with the exercise of a fundamental right. 1”

Since, as the defense maintains and I posted yesterday, the plaintiffs failed to prove they’ve been harmed by any of the statutes, is it possible the use of “strict scrutiny” in this case is misapplied?  I believe it is.  Since no harm was established, there are no actions of public officials to be reviewed any further.

 

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