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Is the Scrutiny Regime Still the Constitutional Regime?

Authors: John Ryskamp;

Is the Scrutiny Regime Still the Constitutional Regime?

Abstract

From Michigan v. EPA, with its near-overruling of the Chevron case (and Thomas' concurring opinion, in which he calls for a case to overrule Chevron), to the Texas housing case and the subsequent Affirmatively Furthering Fair Housing rule, recent developments call into question whether we are still in the West Coast Hotel-Carolene Products scrutiny regime (now over 75 years old!). The question is posed in a test case, Ryskamp v. Commissioner, No. 14-1042, now submitted in the D.C. Circuit Court of Appeals. Stay tuned!For a comment on "dignity" as used in Obergefell and "dignity" used in the AFFH rule, see: http://ssrn.com/abstract=2638018

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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