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Bill of attainder (view source)

Revision as of 19:55, December 25, 2022

261 bytes added ,  19:55, December 25, 2022
→‎Stronger than Equal Protection: Challenges to laws under both the Equal Protection Clause ... are common, with more than 2,100 reported federal decisions as of Dec. 25, 2022 addressing both.
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== Stronger than Equal Protection ==
 
== Stronger than Equal Protection ==
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Challenges to laws under both the [[Equal Protection Clause]] and the bill of attainder are common, with more than 2,100 reported federal decisions as of Dec. 25, 2022 addressing both.  (About 15% of that, or 308 additional decisions, are at the state level).
    
{{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.}}
 
{{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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