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31 California opinions name it 2 courts 1977–2024 3 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Newland v. Board of Governorsgreen2 sentences2024Rational basis review “require[s] the court to conduct ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 (Newland).) Here, such inquiry reveals that the exclusion of young offenders convicted of special-circumstance murder is irrational when measured against the Legislature’s stated purpose for establishing and expanding youth offender parole eligibility. 2024As Cooper explains, . . . what is required is that the court ‘conduct “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.” ’ ( 21 Cal.3d at p. 848 [quoting Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 , italics added in Cooper].) We have conducted such an inquiry in all of these cases . . . .” (Fein, at p. 163.) Fein is illustrative. | 15 | 20 |
Cooper v. Braygreen2 sentences2024As Cooper explains, . . . what is required is that the court ‘conduct “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.” ’ ( 21 Cal.3d at p. 848 [quoting Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 , italics added in Cooper].) We have conducted such an inquiry in all of these cases . . . .” (Fein, at p. 163.) Fein is illustrative. 2011(Fein, supra, 38 Cal.3d at p. 163 .) The court stated: “As Cooper explains, under the traditional, rational relationship equal protection standard, what is required is that the court ‘conduct “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.” ’ ( 21 Cal.3d at p. 848 . . . .) We have conducted such an inquiry in all of these cases, and have found that the statutory classifications are rationally related to the ‘realistically conceivable legislative [purposes]’ (Cooper, supra, 21 Cal.3d at p. 851 ) of MICRA. | 12 | 14 |
Brown v. Merlogreen2 sentences2024Rather than 17 PEOPLE v. HARDIN Liu, J., dissenting merely ‘rubberstamping’ the legislative categories at issue here, we should be engaging in ‘ “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals” ’ (Newland v. Board of Governors, supra, 19 Cal.3d at p. 711 ), and, more particularly, we should be asking whether the legislative classifications substantially advance the legislative purposes without being ‘grossly overinclusive’ or ‘underinclusive.’ (Brown v. Merlo, supra, 8 Cal.3d at p. 877 & fn. 17.)” (Warden, at pp. 664–665 (dis 1999Specifically, we have held that the state Constitution requires "`a serious and genuine judicial inquiry into the correspondence between [a legislative] classification and the legislative goals'" ( Neivland v. Board of Governors (1977) 19 Cal.3d 705, 711 , 139 Cal.Rptr. 620 , 566 P.2d 254 , quoting Dorrough v. Estelle (5th Cir.1974) 497 F.2d 1007 , 1011) and prohibits legislative classifications, such as those at issue here, that are "grossly overinclusive" or "underinclusive." ( Brown v. Merlo (1973) 8 Cal.3d 855 , 877 & fn. 17, 106 Cal.Rptr. 388 , 506 P.2d 212 ; see also Utah v. Mohi (Utah 1 | 5 | 10 |
D'AMICO v. Board of Medical Examinersgreen2 sentences2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair 2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair | 3 | 5 |
Hays v. Woodgreen2 sentences1983The California Supreme Court has recently stated that any discrimination by the state between persons must be based “upon ‘some reasonable differentiation fairly related to the object of regulation. ’ ” (Hays v. Wood, supra, 25 Cal.3d 772, 786, citations omitted.) Assessment of classifications under this test requires “ ‘ “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.’”” (Id., at p. 787, citation omitted.) We are unable to find any rational basis for distinguishing between all custodial and noncustodial parents for the purp 1981In so doing our function is, as we have recently indicated, ‘to conduct “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals” [citation]; . . .’ (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ].) The most that we require of that correspondence is that it be ra tional—i.e. that, in the words of Justice Jackson, the classification be found to rest upon ‘some reasonable differentiation fairly related to the object of regulation.’” (Hays v. Wood (1979) 25 Cal.3d 772, 786-787 [ 160 Cal.Rptr. | 2 | 4 |
Rinaldi v. Yeagergreen2 sentences1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. 1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. | 2 | 2 |
Blumenthal v. Board of Medical Examinersgreen2 sentences1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. 1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. | 2 | 2 |
United States Department of Agriculture v. Morenogreen2 sentences1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. 1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. | 2 | 2 |
Miller v. Union Bank & Trust Co.green2 sentences1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. 1978(E.g., U.S. Dept. of Agriculture v. Moreno (1973) 413 U.S. 528, 538 [ 37 L.Ed.2d 782, 790 , 93 S.Ct. 2821 ]; Rinaldi v. Yeager (1966) 384 U.S. 305, 309-310 [ 16 L.Ed.2d 577, 580-581 , 86 S.Ct. 1497 ]; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22-23 [ 112 Cal. Rptr. 786 , 520 P.2d 10 ]; Blumenthal v. Board of Medical Examiners (1962) 57 Cal.2d 228, 234-235 [ 18 Cal. Rptr. 501 , 368 P.2d 101 ]; Miller v. Union Bank & Trust Co. (1936) 7 Cal.2d 31, 34-36 [ 59 P.2d 1024 ].) Some of the classifications which were invalidated related to matters of taxation. | 2 | 2 |
Fein v. Permanente Medical Groupgreen2 sentences2024The plaintiff argued that MICRA’s $250,000 cap on noneconomic damages violates equal protection because it “discriminates between medical malpractice victims and other tort victims” and because it “discriminates within the class of medical malpractice victims, denying a ‘complete’ recovery of damages only to those malpractice plaintiffs with noneconomic damages exceeding $250,000.” ( Fein, supra, 38 Cal.3d at pp. 161–162.) As to the first contention, we cited our earlier cases that had extensively examined the legislative history of MICRA showing that the Legislature, with ample basis, had tar 2011(Fein, supra, 38 Cal.3d at p. 163 .) The court stated: “As Cooper explains, under the traditional, rational relationship equal protection standard, what is required is that the court ‘conduct “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals.” ’ ( 21 Cal.3d at p. 848 . . . .) We have conducted such an inquiry in all of these cases, and have found that the statutory classifications are rationally related to the ‘realistically conceivable legislative [purposes]’ (Cooper, supra, 21 Cal.3d at p. 851 ) of MICRA. | 1 | 5 |
Reed v. Reedgreen2 sentences1992“Some decisions require that the classification ‘ “bear some rational relationship to a conceivable legitimate state purpose’” (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 , 16 . . .); others, that the classification must rest upon ‘some ground of difference having a fair and substantial relation to the object of the legislation’ (Reed v. Reed (1971) 404 U.S. 71 , 75-76 . . . ; Brown v. Merlo (1973) 8 Cal.3d 855 , 861 . . .).” (Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 .... [Fn. omitted.]) In Newland v. Board of Governors, supra, the court recognized the differences 1984“Some decisions require that the classification ‘“bear some rational relationship to a conceivable legitimate state purpose” ’ (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 , 16 . . .); others, that the classification must rest upon ‘some ground of difference having a fair and substantial relation to the object of the legislation’ (Reed v. Reed (1971) 404 U.S. 71 , 75-76 . . .; Brown v. Merlo (1973) 8 Cal.3d 855 , 861 . . .).” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ].) 12 In Newland v. Board of Governors, supra, the court recogni | 1 | 3 |
Warden v. State Bar of Californiagreen2 sentences2024Rather than 17 PEOPLE v. HARDIN Liu, J., dissenting merely ‘rubberstamping’ the legislative categories at issue here, we should be engaging in ‘ “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals” ’ (Newland v. Board of Governors, supra, 19 Cal.3d at p. 711 ), and, more particularly, we should be asking whether the legislative classifications substantially advance the legislative purposes without being ‘grossly overinclusive’ or ‘underinclusive.’ (Brown v. Merlo, supra, 8 Cal.3d at p. 877 & fn. 17.)” (Warden, at pp. 664–665 (dis 2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair | 1 | 2 |
Johnson v. Department of Justicegreen2 sentences2021(Heller, at p. 320; see Turnage, at p. 75.) If a plausible basis exists for the disparity, courts may not second- guess its “ ‘wisdom, fairness, or logic.’ ” (Heller, at p. 319; see Turnage, at p. 74; Johnson v. Department of Justice (2015) 60 Cal.4th 871, 881 .) While “it is irrelevant whether the perceived reason for the challenged distinction actually motivated the Legislature, equal protection ‘does require that a purpose may conceivably or “may reasonably have been the purpose and policy” of the relevant governmental decisionmaker’ [citation] and that ‘the relationship of the classificati 2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair | 1 | 2 |
Woodland Hills Residents Ass'n v. City Council of Los Angelesgreen1 sentence2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair | 1 | 1 |
Kasler v. Lockyergreen2 sentences2009(Kasler v. Lockyer (2000) 23 Cal.4th 472, 481, 482 [ 97 Cal.Rptr.2d 334 , 2 P.3d 581 ].) Such “ ‘ “ ‘a statutory classification . . . must be upheld against [an] equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification. [Citations.] Where there are “plausible reasons” for [the classification], “our inquiry is at an end.” ’ ” ’ [Citations.] [][]... ‘[T]hose attacking the rationality of the legislative classification have the burden “to negative every conceivable basis which might support it.” ’ . . . [W]e must un 2009(Kasler v. Lockyer (2000) 23 Cal.4th 472, 481, 482 [ 97 Cal.Rptr.2d 334 , 2 P.3d 581 ].) Such “ ‘ “ ‘a statutory classification . . . must be upheld against [an] equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification. [Citations.] Where there are “plausible reasons” for [the classification], “our inquiry is at an end.” ’ ” ’ [Citations.] [][]... ‘[T]hose attacking the rationality of the legislative classification have the burden “to negative every conceivable basis which might support it.” ’ . . . [W]e must un | 1 | 1 |
State v. Mohigreen2 sentences1999Specifically, we have held that the state Constitution requires “ ‘a serious and genuine judicial inquiry into the correspondence between [a legislative] classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ], quoting Dorrough v. Estelle (5th Cir. 1974) 497 F.2d 1007 , 1011) and prohibits legislative classifications, such as those at issue here, that are “grossly overinclusive” or “underinclusive.” (Brown v. Merlo (1973) 8 Cal.3d 855 , 877 & fn. 17 [ 106 Cal.Rptr. 388 , 506 P.2d 212 , 66 A.L.R.3d 505 ]; see also 1999Specifically, we have held that the state Constitution requires "`a serious and genuine judicial inquiry into the correspondence between [a legislative] classification and the legislative goals'" ( Neivland v. Board of Governors (1977) 19 Cal.3d 705, 711 , 139 Cal.Rptr. 620 , 566 P.2d 254 , quoting Dorrough v. Estelle (5th Cir.1974) 497 F.2d 1007 , 1011) and prohibits legislative classifications, such as those at issue here, that are "grossly overinclusive" or "underinclusive." ( Brown v. Merlo (1973) 8 Cal.3d 855 , 877 & fn. 17, 106 Cal.Rptr. 388 , 506 P.2d 212 ; see also Utah v. Mohi (Utah 1 | 1 | 1 |
Purdy & Fitzpatrick v. State of Californiagreen2 sentences1999Rather than merely "rubberstamping" the legislative categories at issue here, we should be engaging in "`a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals'" ( Newland v. Board of Governors, supra, 19 Cal.3d at p. 711 , 139 Cal.Rptr. 620 , 566 P.2d 254 ), and, more particularly, we should be asking whether the legislative classifications substantially advance the legislative purposes without being "grossly overinclusive" or "underinclusive." ( Brown v. Merlo, supra, 8 Cal.3d at p. 877 & fn. 17, 106 Cal.Rptr. 388 , 506 P.2d 212 .) 1999Rather than merely "rubberstamping" the legislative categories at issue here, we should be engaging in "`a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals'" ( Newland v. Board of Governors, supra, 19 Cal.3d at p. 711 , 139 Cal.Rptr. 620 , 566 P.2d 254 ), and, more particularly, we should be asking whether the legislative classifications substantially advance the legislative purposes without being "grossly overinclusive" or "underinclusive." ( Brown v. Merlo, supra, 8 Cal.3d at p. 877 & fn. 17, 106 Cal.Rptr. 388 , 506 P.2d 212 .) | 1 | 1 |
Minnesota v. Clover Leaf Creamery Co.green2 sentences1997(Fein v. Permanente Medical Group, supra, 38 Cal.3d 137, 163 .) However, equal protection violations are generally not found under the rational relationship test unless the “ ‘classification rests on grounds wholly irrelevant to the achievement of the State’s objective.’ ” (Hoffman v. United States, supra, 767 F.2d 1431, 1435 .) The question therefore is not “ ‘[whether in fact the Act will promote [the legislative objectives] . . . [but whether] ... the Legislature could rationally have decided that [it] . . . might [do so].” (American Bank & Trust Co. v. Community Hospital, supra, 36 Cal.3d 1997(Fein v. Permanente Medical Group, supra, 38 Cal.3d 137, 163 .) However, equal protection violations are generally not found under the rational relationship test unless the “ ‘classification rests on grounds wholly irrelevant to the achievement of the State’s objective.’ ” (Hoffman v. United States, supra, 767 F.2d 1431, 1435 .) The question therefore is not “ ‘[whether in fact the Act will promote [the legislative objectives] . . . [but whether] ... the Legislature could rationally have decided that [it] . . . might [do so].” (American Bank & Trust Co. v. Community Hospital, supra, 36 Cal.3d | 1 | 1 |
Rittenband v. Corygreen1 sentence1992“Some decisions require that the classification ‘ “bear some rational relationship to a conceivable legitimate state purpose’” (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 , 16 . . .); others, that the classification must rest upon ‘some ground of difference having a fair and substantial relation to the object of the legislation’ (Reed v. Reed (1971) 404 U.S. 71 , 75-76 . . . ; Brown v. Merlo (1973) 8 Cal.3d 855 , 861 . . .).” (Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 .... [Fn. omitted.]) In Newland v. Board of Governors, supra, the court recognized the differences | 1 | 1 |
King v. McMahongreen1 sentence1992“Some decisions require that the classification ‘ “bear some rational relationship to a conceivable legitimate state purpose’” (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 , 16 . . .); others, that the classification must rest upon ‘some ground of difference having a fair and substantial relation to the object of the legislation’ (Reed v. Reed (1971) 404 U.S. 71 , 75-76 . . . ; Brown v. Merlo (1973) 8 Cal.3d 855 , 861 . . .).” (Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 .... [Fn. omitted.]) In Newland v. Board of Governors, supra, the court recognized the differences | 1 | 1 |
| City of Cleburne v. Cleburne Living Center, Inc.green | 1 | 1 |
People v. Jonesgreen2 sentences1991(Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 ....)....’ (Hooper v. Deukmejian, supra, 122 Cal.App.3d at pp. 1008-1009.)” (People v. Jones (1985) 176 Cal.App.3d 120, 126 [ 221 Cal.Rptr. 382 ].) The inquiry under the “rational basis” test requires the court to conduct “ ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ]; see also People v. Jones, supra; Cooper v. Bray (1978) 21 Cal.3d 841, 847-848 [ 148 Cal.Rptr. 148 , 582 1991(Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 ....)....’ (Hooper v. Deukmejian, supra, 122 Cal.App.3d at pp. 1008-1009.)” (People v. Jones (1985) 176 Cal.App.3d 120, 126 [ 221 Cal.Rptr. 382 ].) The inquiry under the “rational basis” test requires the court to conduct “ ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ]; see also People v. Jones, supra; Cooper v. Bray (1978) 21 Cal.3d 841, 847-848 [ 148 Cal.Rptr. 148 , 582 | 1 | 1 |
Hooper v. Deukmejiangreen2 sentences1991(Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 ....)....’ (Hooper v. Deukmejian, supra, 122 Cal.App.3d at pp. 1008-1009.)” (People v. Jones (1985) 176 Cal.App.3d 120, 126 [ 221 Cal.Rptr. 382 ].) The inquiry under the “rational basis” test requires the court to conduct “ ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ]; see also People v. Jones, supra; Cooper v. Bray (1978) 21 Cal.3d 841, 847-848 [ 148 Cal.Rptr. 148 , 582 1991(Newland v. Board of Governors (1977) 19 Cal.3d 705 , 711 ....)....’ (Hooper v. Deukmejian, supra, 122 Cal.App.3d at pp. 1008-1009.)” (People v. Jones (1985) 176 Cal.App.3d 120, 126 [ 221 Cal.Rptr. 382 ].) The inquiry under the “rational basis” test requires the court to conduct “ ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ]; see also People v. Jones, supra; Cooper v. Bray (1978) 21 Cal.3d 841, 847-848 [ 148 Cal.Rptr. 148 , 582 | 1 | 1 |
| Serrano v. Priestgreen | 1 | 1 |
| Carson v. Maurerred | 1 | 1 |
| Mitchell v. Swoapgreen | 1 | 1 |
| Steed v. Imperial Airlinesgreen | 1 | 1 |
| Justus v. Atchisongreen | 1 | 1 |
| People v. Rysergreen | 1 | 1 |
| Sail'er Inn, Inc. v. Kirbygreen | 1 | 1 |
| Weinberger v. Wiesenfeldgreen | 1 | 1 |
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| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
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People v. Hofsheier
red
2 sentences2012The search for the link between classification and objective gives substance to the Equal Protection Clause.’ [Citation.]” (Hofsheier, supra, 37 Cal.4th at p. 1201 , original italics.) “[W]e must undertake ‘ “ ‘ “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals” ’ ” ’ [citation] by inquiring whether ‘ “the statutory classifications are rationally related to the ‘realistically conceivable legislative purpose[s]’ [citation]” . . . and ... by declining to “invent[] fictitious purposes that could not have been within the contemplat 2010The search for the link between classification and objective gives substance to the Equal Protection Clause.’ [Citation.]” (Hofsheier, supra, 37 Cal.4th at p. 1201 .) “[Although it is irrelevant whether the perceived reason for the challenged distinction actually motivated the Legislature, equal protection ‘does require that a purpose may conceivably or “may reasonably have been the purpose and policy” of the relevant governmental decisionmaker’ [citation] and that ‘the relationship of the classification to its goal is not so attenuated as to render the distinction arbitrary or irrational.’ [C | 2 | 2010–2012 |
Jerry Mack Dorrough v. W. J. Estelle, Director, Tdc
green
2 sentences1999Specifically, we have held that the state Constitution requires “ ‘a serious and genuine judicial inquiry into the correspondence between [a legislative] classification and the legislative goals’ ” (Newland v. Board of Governors (1977) 19 Cal.3d 705, 711 [ 139 Cal.Rptr. 620 , 566 P.2d 254 ], quoting Dorrough v. Estelle (5th Cir. 1974) 497 F.2d 1007 , 1011) and prohibits legislative classifications, such as those at issue here, that are “grossly overinclusive” or “underinclusive.” (Brown v. Merlo (1973) 8 Cal.3d 855 , 877 & fn. 17 [ 106 Cal.Rptr. 388 , 506 P.2d 212 , 66 A.L.R.3d 505 ]; see also 1999Specifically, we have held that the state Constitution requires "`a serious and genuine judicial inquiry into the correspondence between [a legislative] classification and the legislative goals'" ( Neivland v. Board of Governors (1977) 19 Cal.3d 705, 711 , 139 Cal.Rptr. 620 , 566 P.2d 254 , quoting Dorrough v. Estelle (5th Cir.1974) 497 F.2d 1007 , 1011) and prohibits legislative classifications, such as those at issue here, that are "grossly overinclusive" or "underinclusive." ( Brown v. Merlo (1973) 8 Cal.3d 855 , 877 & fn. 17, 106 Cal.Rptr. 388 , 506 P.2d 212 ; see also Utah v. Mohi (Utah 1 | 2 | 1977–1999 |
Federal Communications Commission v. Beach Communications, Inc.
green
1 sentence2024Rather than 17 PEOPLE v. HARDIN Liu, J., dissenting merely ‘rubberstamping’ the legislative categories at issue here, we should be engaging in ‘ “a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals” ’ (Newland v. Board of Governors, supra, 19 Cal.3d at p. 711 ), and, more particularly, we should be asking whether the legislative classifications substantially advance the legislative purposes without being ‘grossly overinclusive’ or ‘underinclusive.’ (Brown v. Merlo, supra, 8 Cal.3d at p. 877 & fn. 17.)” (Warden, at pp. 664–665 (dis | 1 | 2024–2024 |
People v. Noyan
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2 sentences2021(Heller, at p. 320; see Turnage, at p. 75.) If a plausible basis exists for the disparity, courts may not second- guess its “ ‘wisdom, fairness, or logic.’ ” (Heller, at p. 319; see Turnage, at p. 74; Johnson v. Department of Justice (2015) 60 Cal.4th 871, 881 .) While “it is irrelevant whether the perceived reason for the challenged distinction actually motivated the Legislature, equal protection ‘does require that a purpose may conceivably or “may reasonably have been the purpose and policy” of the relevant governmental decisionmaker’ [citation] and that ‘the relationship of the classificati 2021To 10 The Attorney General’s failure to provide a persuasive rationale for the disparity does not excuse us from completing our task to “ ‘undertake “ ‘ “ ‘a serious and genuine judicial inquiry into the correspondence between the classification and the legislative goals’ ” ’ ” [citation] by inquiring whether “ ‘the statutory classifications are rationally related to the “realistically conceivable legislative purpose[s]” [citation]’ . . . and . . . by declining to ‘invent[] fictitious purposes that could not have been within the contemplation of the Legislature.’ ” ’ ” (Noyan, supra, 232 Cal.A | 1 | 2021–2021 |
In Re Jensen
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2 sentences2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair 2015(See Fein, supra, 38 Cal.3d at pp. 158, 162 [rational relationship test applicable to equal protection challenge to § 3333.2].) She points out, however, the Supreme Court observed in Fein a reviewing court must “ ‘ “conduct ‘a serious and genuine judicial inquiry into the correspondence between the [challenged] classification and the legislative goals.’ ” ’ ” (Fein, at p. 163.) This has “ ‘never been interpreted to mean,’ ” however, that the courts “ ‘may properly strike down a statute simply because [they] disagree with the *612 wisdom of the law or because [they] believe that there is a fair | 1 | 2015–2015 |
Heller v. Doe Ex Rel. Doe
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2 sentences2015Nor must the underlying rationale be empirically substantiated. [(Heller [v. Doe (1993) 509 U.S. 312, 320 ] [ 125 L.Ed.2d 257 , 113 S.Ct. 2637 ].] While the realities of the subject matter cannot be completely ignored (id. at p. 321), a court may engage in “ ‘rational speculation’ ” as to the justifications for the legislative choice (id. at p. 320). 2015Nor must the underlying rationale be empirically substantiated. [(Heller [v. Doe (1993) 509 U.S. 312, 320 ] [ 125 L.Ed.2d 257 , 113 S.Ct. 2637 ].] While the realities of the subject matter cannot be completely ignored (id. at p. 321), a court may engage in “ ‘rational speculation’ ” as to the justifications for the legislative choice (id. at p. 320). | 1 | 2015–2015 |
American Bank & Trust Co. v. Community Hospital
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1 sentence1997(Fein v. Permanente Medical Group, supra, 38 Cal.3d 137, 163 .) However, equal protection violations are generally not found under the rational relationship test unless the “ ‘classification rests on grounds wholly irrelevant to the achievement of the State’s objective.’ ” (Hoffman v. United States, supra, 767 F.2d 1431, 1435 .) The question therefore is not “ ‘[whether in fact the Act will promote [the legislative objectives] . . . [but whether] ... the Legislature could rationally have decided that [it] . . . might [do so].” (American Bank & Trust Co. v. Community Hospital, supra, 36 Cal.3d | 1 | 1997–1997 |
Scott J. Hoffman, an Incompetent Person, by Harriet Hoffman, the Conservator of His Person and Estate v. United States
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1 sentence1997(Fein v. Permanente Medical Group, supra, 38 Cal.3d 137, 163 .) However, equal protection violations are generally not found under the rational relationship test unless the “ ‘classification rests on grounds wholly irrelevant to the achievement of the State’s objective.’ ” (Hoffman v. United States, supra, 767 F.2d 1431, 1435 .) The question therefore is not “ ‘[whether in fact the Act will promote [the legislative objectives] . . . [but whether] ... the Legislature could rationally have decided that [it] . . . might [do so].” (American Bank & Trust Co. v. Community Hospital, supra, 36 Cal.3d | 1 | 1997–1997 |
| Younger v. Superior Court green | 1 | 1981–1981 |
| Dunwoody v. Trapnell green | 1 | 1981–1981 |
| California Trucking Association v. Public Utilities Commission green | 1 | 1981–1981 |
| McGlothlen v. Department of Motor Vehicles green | 1 | 1978–1978 |
| Department of Motor Vehicles v. Superior Court green | 1 | 1978–1978 |
| Craig v. Boren green | 1 | 1977–1977 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.