Discussion about this post

User's avatar
Thalia Toha's avatar

Stephen- This statement stands out as one of the most insightful ones I’ve read this week: “you can have a constitutional right that is violated and still lose because of the “standard of review.” The standard of review is how a court balances your constitutional right with the government’s right. If the standard of review is “rational basis,” then the government almost always wins. If the standard of review is “strict scrutiny,” the government almost always loses.” To your very good point: sometimes it isn’t enough just to be right. Which can be a problem. Great article!

Expand full comment

No posts