Re: Wisconsin Caps capped

From: Garry E. Siegel, M.D. (garrys@mindspring.com)
Sun Jul 31 21:26:24 2005

Thanks, Bob and Joe, although it seems a bit hard to understand as a non-attorney.

Garry

At Sun, 31 Jul 2005, DoctorJoe@aol.com wrote: >
>In a message dated 7/31/05 11:03:42 AM, garrys@mindspring.com writes:
>
>> What is a rational basis review, and why is it held in such low
>> esteem?
>>
>When someone is analyzing a law or statute for constitutionality purposes,
>there are a number of levels of judicial review which can be used, dependin on
>the apparent infringement on constitutional rights.
>
>If the law on its face restricts some constitutionally guaranteed right, e. .
>freedom of speech, or clearly has the effect of infringing on that right, t e
>law undergoes strict scrutiny. Strict scrutiny means that the law must serv
>an overwhelmingly compelling state interest, there must not be any reasonab e
>alternative avenues, and then the law must be narrowly-tailored to suit the
>purpose intended.
>
>If a law is suspect, but not apparently overtly burdensome of some
>constitutional right, the court will use intermediate scrutiny where the co rt looks for
>some evidence, even if empirical, that law might actually have effect that
>it's designed for, i.e. nondiscriminatory rational relationship to problem t
>hand but the intent is not discriminatory.
>
>Finally, if the law does not appear to burden a constitutionally protected
>right at all, the court uses loose scrutiny and looks for just some rationa
>relationship to a legitimate state purpose and is not arbitrary, even if ac ual
>plan may not really work (basically, lawmakers have discretion and can be
>wrong, they just can’t be arbitrary).
>
>Hope that makes sense. LOL
>
>Joe P.

--
Garry E. Siegel, M.D.
Private Practice
Roswell, GA



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