Case Briefs- Civil and Constitutional Law Part 1

O up until that time railroad workers retirement

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Unformatted text preview: l basis for their Statute, namely a statistically analysis of drunk driving laws that said males were more likely to drive drunk than females. See Reed v. Reed (404 U.S. 71 (1971)), which held that the proper level of judicial review for gender discrimination was rational basis review. o The male drinkers argued that the vague statistical analysis could not support a strict scrutiny review, as used in Frontiero v. Richardson (411 U.S. 677 (1973)). The US Supreme Court found the Oklahoma law an unconstitutional violation of due process. o The US Supreme Court found that in cases of gender discrimination, neither strict scrutiny nor rational basis was the proper level of review. o Instead, the Court decided to use intermediate scrutiny. Intermediate scrutiny asks if a regulation involves important governmental interests that are furthered by substantially related means. o The Court found that the statistics weren't related substantially enough to the Statute to withstand intermediate scrutiny. This case set the standard that intermediate scrutiny is the proper level of judicial review for cases of gender discrimination. o Intermediate Scrutiny is used because the Justices weren't ready to state that gender is a suspect classification, but they wanted to acknowledge that...
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