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Bill of attainder (view source)

Revision as of 19:50, December 25, 2022

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== Stronger than Equal Protection ==
 
== Stronger than Equal Protection ==
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{{cquote|BellSouth complains that this reading of the second factor reduces it to little more than a rational basis test, the most anemic form of constitutional scrutiny. If this were strictly true, of course, the Bill of Attainder Clause (as applied to non-suspect classes such as the BOCs) would do nothing more than duplicate the Equal Protection Clause. But the Supreme Court's attainder inquiry is in fact more exacting than a rational basis test, because it demands purposes that are not merely reasonable but nonpunitive. Punitive purposes, however rational, don't count.}}
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''BellSouth Corp. v. FCC'', 330 U.S. App. D.C. 109, 144 F.3d 58, 66-67 (1998).
    
{{cquote|Much like equal-protection analysis, the inquiry begins with the Act's purpose. Notably, however, the bill-of-attainder standard is somewhat "more exacting" than equal protection's rational-basis scrutiny "because it demands purposes that are not merely reasonable but [also] nonpunitive." ''BellSouth Corp. v. FCC'', 144 F.3d 58, 67, 330 U.S. App. D.C. 109 (D.C. Cir. 1998) (BellSouth I) ("Punitive purposes, however rational, don't count.").}}
 
{{cquote|Much like equal-protection analysis, the inquiry begins with the Act's purpose. Notably, however, the bill-of-attainder standard is somewhat "more exacting" than equal protection's rational-basis scrutiny "because it demands purposes that are not merely reasonable but [also] nonpunitive." ''BellSouth Corp. v. FCC'', 144 F.3d 58, 67, 330 U.S. App. D.C. 109 (D.C. Cir. 1998) (BellSouth I) ("Punitive purposes, however rational, don't count.").}}
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