genuine judicial inquiry (California) · Go Syfert
← California issues

genuine judicial inquiry in California

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.

Followed or applied (31)

CaseFollowedCited
Newland v. Board of Governorsgreen
cal · 1977 · cited in 20 California opinions naming this issue, 1978–2024
2 sentences

2024Rational 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.

1520
Cooper v. Braygreen
cal · 1978 · cited in 14 California opinions naming this issue, 1978–2024
2 sentences

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.

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.

1214
Brown v. Merlogreen
cal · 1973 · cited in 10 California opinions naming this issue, 1980–2024
2 sentences

2024Rather 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

510
D'AMICO v. Board of Medical Examinersgreen
cal · 1974 · cited in 5 California opinions naming this issue, 1978–2015
2 sentences

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

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

35
Hays v. Woodgreen
cal · 1979 · cited in 4 California opinions naming this issue, 1981–2024
2 sentences

1983The 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.

24
Rinaldi v. Yeagergreen
scotus · 1966 · cited in 2 California opinions naming this issue, 1978–1978
2 sentences

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.

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.

22
Blumenthal v. Board of Medical Examinersgreen
cal · 1962 · cited in 2 California opinions naming this issue, 1978–1978
2 sentences

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.

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.

22
United States Department of Agriculture v. Morenogreen
scotus · 1973 · cited in 2 California opinions naming this issue, 1978–1978
2 sentences

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.

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.

22
Miller v. Union Bank & Trust Co.green
cal · 1936 · cited in 2 California opinions naming this issue, 1978–1978
2 sentences

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.

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.

22
Fein v. Permanente Medical Groupgreen
cal · 1985 · cited in 5 California opinions naming this issue, 1991–2024
2 sentences

2024The 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.

15
Reed v. Reedgreen
scotus · 1971 · cited in 3 California opinions naming this issue, 1980–1992
2 sentences

1992“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

13
Warden v. State Bar of Californiagreen
cal · 1999 · cited in 2 California opinions naming this issue, 2015–2024
2 sentences

2024Rather 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

12
Johnson v. Department of Justicegreen
cal · 2015 · cited in 2 California opinions naming this issue, 2015–2021
2 sentences

2021(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

12
Woodland Hills Residents Ass'n v. City Council of Los Angelesgreen
cal · 1979 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

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

11
Kasler v. Lockyergreen
cal · 2000 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

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

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

11
State v. Mohigreen
utah · 1995 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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’ ” (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

11
Purdy & Fitzpatrick v. State of Californiagreen
cal · 1969 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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 .)

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 .)

11
Minnesota v. Clover Leaf Creamery Co.green
scotus · 1981 · cited in 1 California opinions naming this issue, 1997–1997
2 sentences

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

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

11
Rittenband v. Corygreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 1992–1992
1 sentence

1992“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

11
King v. McMahongreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 1992–1992
1 sentence

1992“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

11
City of Cleburne v. Cleburne Living Center, Inc.green
scotus · 1985 · cited in 1 California opinions naming this issue, 1991–1991
11
People v. Jonesgreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

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

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

11
Hooper v. Deukmejiangreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

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

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

11
Serrano v. Priestgreen
cal · 1971 · cited in 1 California opinions naming this issue, 1985–1985
11
Carson v. Maurerred
nh · 1980 · cited in 1 California opinions naming this issue, 1985–1985
11
Mitchell v. Swoapgreen
calctapp · 1973 · cited in 1 California opinions naming this issue, 1985–1985
11
Steed v. Imperial Airlinesgreen
cal · 1974 · cited in 1 California opinions naming this issue, 1981–1981
11
Justus v. Atchisongreen
cal · 1977 · cited in 1 California opinions naming this issue, 1981–1981
11
People v. Rysergreen
calctapp · 1974 · cited in 1 California opinions naming this issue, 1981–1981
11
Sail'er Inn, Inc. v. Kirbygreen
cal · 1971 · cited in 1 California opinions naming this issue, 1980–1980
11
Weinberger v. Wiesenfeldgreen
scotus · 1975 · cited in 1 California opinions naming this issue, 1977–1977
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
People v. Hofsheier red
cal · 2006
2 sentences

2012The 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

22010–2012
Jerry Mack Dorrough v. W. J. Estelle, Director, Tdc green
ca5 · 1974
2 sentences

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’ ” (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

21977–1999
Federal Communications Commission v. Beach Communications, Inc. green
scotus · 1993
1 sentence

2024Rather 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

12024–2024
People v. Noyan green
calctapp · 2014
2 sentences

2021(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

12021–2021
In Re Jensen green
cal · 1978
2 sentences

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

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

12015–2015
Heller v. Doe Ex Rel. Doe green
scotus · 1993
2 sentences

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).

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).

12015–2015
American Bank & Trust Co. v. Community Hospital green
cal · 1984
1 sentence

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

11997–1997
Scott J. Hoffman, an Incompetent Person, by Harriet Hoffman, the Conservator of His Person and Estate v. United States green
ca9 · 1985
1 sentence

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

11997–1997
Younger v. Superior Court green
cal · 1978
11981–1981
Dunwoody v. Trapnell green
calctapp · 1975
11981–1981
California Trucking Association v. Public Utilities Commission green
cal · 1977
11981–1981
McGlothlen v. Department of Motor Vehicles green
calctapp · 1977
11978–1978
Department of Motor Vehicles v. Superior Court green
calctapp · 1976
11978–1978
Craig v. Boren green
scotus · 1976
11977–1977

Statutes the citing opinions construe

CA § Cal. Civil Code § 3333.2 (4) CA § Cal. Civil Code § 3333.1 (3) USC § 42u.s.c.602 (3)

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.

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