This clip is not what folks seem to think it is. (1/8) https://twitter.com/spencerwoodman/status/827971418713358336 …
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Replying to @fordm
Generally speaking, judges use different levels of scrutiny when evaluating a law or order's constitutionality. (2/8)
3 replies 17 retweets 54 likes -
Replying to @fordm
Laws discriminating on the basis of race, for example, receive the toughest scrutiny. Others receive less scrutiny by diff. degrees. (2/8)
2 replies 11 retweets 37 likes -
Replying to @fordm
"Rational-basis scrutiny" is one of those tiers. It means the law/order survives if the govt. can offer a rational basis for it. (4/8)
1 reply 15 retweets 49 likes -
Replying to @fordm
So when she's saying the judge shouldn't look at whether it's "rationally based," she's referring to that specific tier. (5/8)
2 replies 12 retweets 52 likes -
Replying to @fordm
Instead, she urged him to use a less strict tier of scrutiny used in some immigration cases articulated in Kleindienst v. Mandel. (6/8)
2 replies 13 retweets 58 likes -
Replying to @fordm
This is how SCOTUS phrased that level of scrutiny in that case. When she says "facially legitimate," this is what she's referring to.pic.twitter.com/Fyd0cbzKDm
9 replies 19 retweets 68 likes -
Replying to @fordm
Whether she's right or not is a different matter. But she's not urging the judge to act irrationally, as the tweet/clip suggests. (8/8)
27 replies 22 retweets 176 likes
Chris Geidner Retweeted Chris Geidner
You provided better references, but, yes, I concur w/ your opinion.https://twitter.com/chrisgeidner/status/828053525624135681 …
Chris Geidner added,
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