scrutiny analysis (North Carolina) · Go Syfert
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scrutiny analysis in North Carolina

21 North Carolina opinions name it 2 courts 1981–2025 8 in the last five years

The cases below were cited by North Carolina 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 (7)

CaseFollowedCited
State v. Fowlergreen
ncctapp · 2009 · cited in 4 North Carolina opinions naming this issue, 2022–2023
2 sentences

2022App. 1, 21 , 676 S.E.2d 523, 540 (2009) (“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis . . . .”); Washington v. Glucksberg, 521 U.S. 702, 721 , 117 S. Ct. 2258, 2268 (1997) (explaining the Fourteenth Amendment protects fundamental liberty interests “unless the infringement is narrowly tailored to serve a compelling state interest”) (quotations and citation omitted).

2022App. 1, 21 , 676 S.E.2d 523, 540 (2009) (“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis . . . .”); Washington v. Glucksberg, 521 U.S. 702, 721 , 117 S. Ct. 2258, 2268 (1997) (explaining the Fourteenth Amendment protects fundamental liberty interests “unless the infringement is narrowly tailored to serve a compelling state interest”) (quotations and citation omitted).

44
Washington v. Glucksberggreen
scotus · 1997 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022App. 1, 21 , 676 S.E.2d 523, 540 (2009) (“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis . . . .”); Washington v. Glucksberg, 521 U.S. 702, 721 , 117 S. Ct. 2258, 2268 (1997) (explaining the Fourteenth Amendment protects fundamental liberty interests “unless the infringement is narrowly tailored to serve a compelling state interest”) (quotations and citation omitted).

2022App. 1, 21 , 676 S.E.2d 523, 540 (2009) (“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis . . . .”); Washington v. Glucksberg, 521 U.S. 702, 721 , 117 S. Ct. 2258, 2268 (1997) (explaining the Fourteenth Amendment protects fundamental liberty interests “unless the infringement is narrowly tailored to serve a compelling state interest”) (quotations and citation omitted).

22
Affordable Care, Inc. v. North Carolina State Board of Dental Examinersgreen
ncctapp · 2002 · cited in 4 North Carolina opinions naming this issue, 2003–2025
2 sentences

2010App. 527, 536-37 , 571 S.E.2d 52, 59-60 (2002) (reiterating that “economic rules and regulations do not affect a fundamental right for purposes of due process” and thus only require a rational relation standard instead of a strict scrutiny analysis); see also In re Certificate of Need for Aston Park Hosp., Inc., 282 N.C. 542, 551 , 193 S.E.2d 729, 735 (1973) (applying a reasonable relation standard in determining whether the previous CON law violated the plaintiffs substantive due process rights where the plaintiff was denied a CON to build a hospital).

2009“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis wherein the party seeking to apply the law must demonstrate that it serves a compelling state interest.” Id. at 535-36 , 571 S.E.2d at 59 .

14
Shaw v. Huntgreen
nced · 1994 · cited in 1 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015In its decision the trial court states that, if plaintiffs meet the threshold burden of establishing that “race was the overriding consideration behind a redistricting plan,” then the state . . . has the burden of “producing evidence that the plan’s use of race is narrowly tailored to further a compelling state interest, and the plaintiffs bear the ultimate burden of persuading the court either that the proffered justification is not compelling or that the plan is not narrowly tailored to further it.” Shaw v. Hunt, 861 F. Supp. 408, 436 (E.D.N.C. 1994).

2015In its decision the trial court states that, if plaintiffs meet the threshold burden of establishing that “race was the overriding consideration behind a redistricting plan,” then the state . . . has the burden of “producing evidence that the plan’s use of race is narrowly tailored to further a compelling state interest, and the plaintiffs bear the ultimate burden of persuading the court either that the proffered justification is not compelling or that the plan is not narrowly tailored to further it.” Shaw v. Hunt, 861 F. Supp. 408, 436 (E.D.N.C. 1994).

11
Rhyne v. K-Mart Corp.green
nc · 2004 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Rhyne v. K-Mart Corp., 358 N.C. 160, 180 , 594 S.E.2d 1, 15 (2004) (“If the statute at issue affects the exercise of a fundamental right... we apply strict scrutiny.” (emphasis added)).

2011See, e.g., Rhyne v. K-Mart Corp., 358 N.C. 160, 180 , 594 S.E.2d 1, 15 (2004) (“If the statute at issue affects the exercise of a fundamental right... we apply strict scrutiny.” (emphasis added)).

11
In Re Certificate of Need for Aston Park Hospital, Inc.green
nc · 1973 · cited in 1 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010App. 527, 536-37 , 571 S.E.2d 52, 59-60 (2002) (reiterating that “economic rules and regulations do not affect a fundamental right for purposes of due process” and thus only require a rational relation standard instead of a strict scrutiny analysis); see also In re Certificate of Need for Aston Park Hosp., Inc., 282 N.C. 542, 551 , 193 S.E.2d 729, 735 (1973) (applying a reasonable relation standard in determining whether the previous CON law violated the plaintiffs substantive due process rights where the plaintiff was denied a CON to build a hospital).

2010App. 527, 536-37 , 571 S.E.2d 52, 59-60 (2002) (reiterating that “economic rules and regulations do not affect a fundamental right for purposes of due process” and thus only require a rational relation standard instead of a strict scrutiny analysis); see also In re Certificate of Need for Aston Park Hosp., Inc., 282 N.C. 542, 551 , 193 S.E.2d 729, 735 (1973) (applying a reasonable relation standard in determining whether the previous CON law violated the plaintiffs substantive due process rights where the plaintiff was denied a CON to build a hospital).

11
District of Columbia v. Hellergreen
scotus · 2008 · cited in 1 North Carolina opinions naming this issue, 2009–2009
2 sentences

2009See Heller at ___, 128 S.Ct. at 2817 , 171 L.E.2d at 678 .

2009See Heller at ___, 128 S.Ct. at 2817 , 171 L.E.2d at 678 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
Blankenship v. Bartlett green
nc · 2009
2 sentences

2023We explained that the above showing implicated the fundamental “right to vote on equal terms in representative elections—a one-person, one-vote standard,” id. at 522 , 681 S.E.2d at 762–63, and we thus employed a heightened scrutiny analysis, id. at 523 , 681 S.E.2d at 763 .

2023We explained that the above showing implicated the fundamental “right to vote on equal terms in representative elections—a one-person, one-vote standard,” id. at 522 , 681 S.E.2d at 762–63, and we thus employed a heightened scrutiny analysis, id. at 523 , 681 S.E.2d at 763 .

32022–2023
State v. Bishop green
nc · 2016
2 sentences

2019In order to survive a strict scrutiny analysis, "the State must show that the statute serves a compelling governmental interest, and that the law is narrowly tailored to effectuate that interest." Bishop , 368 N.C. at 876 , 787 S.E.2d at 819 .

2019In order to survive a strict scrutiny analysis, "the State must show that the statute serves a compelling governmental interest, and that the law is narrowly tailored to effectuate that interest." Bishop , 368 N.C. at 876 , 787 S.E.2d at 819 .

12019–2019
Ward v. Rock Against Racism green
scotus · 1989
2 sentences

2015Ed. 2d at 515 , the United States Supreme Court has since explained that for content-neutral regulations, the statute should be “narrowly tailored to serve a significant governmental interest,” Ward, 491 U.S. at 796 , 109 S. Ct. at 2756 , 105 L.

2015Ed. 2d at 515 , the United States Supreme Court has since explained that for content-neutral regulations, the statute should be “narrowly tailored to serve a significant governmental interest,” Ward, 491 U.S. at 796 , 109 S. Ct. at 2756 , 105 L.

12015–2015
McCullen v. Coakley green
scotus · 2014
2 sentences

2015Although the fourth O’Brien factor appears to reflect the strict scrutiny requirement that the regulation be the “least restrictive means” of carrying out a compelling state interest, McCullen, _ U.S. at _, 134 S. Ct. at 2530 , 189 L.

2015Although the fourth O’Brien factor appears to reflect the strict scrutiny requirement that the regulation be the “least restrictive means” of carrying out a compelling state interest, McCullen, ___ U.S. at ___, 134 S. Ct. at 2530 , 189 L.

12015–2015
The People v. Marquan M. / County of Albany green
ny · 2014
2 sentences

2015Id. , 994 N.Y.S.2d 554 , 19 N.E.3d at 486 -87 .

2015Id. , 994 N.Y.S.2d 554 , 19 N.E.3d at 486 -87 .

12015–2015
Clark v. Sanger Clinic, P.A. neutral
nc · 2001
1 sentence

2009“If the right is constitutionally fundamental, then the court must apply a strict scrutiny analysis wherein the party seeking to apply the law must demonstrate that it serves a compelling state interest.” Id. at 535-36 , 571 S.E.2d at 59 .

12009–2009
Clark v. Sanger Clinic, P.A. green
ncctapp · 2001
1 sentence

2002Id. at 357, 542 S.E.2d at 673 .

12002–2002
Austin v. Michigan State Chamber of Commerce red
scotus · 1990
2 sentences

1999Austin, 494 U.S. at 658 , 108 L.

1999Austin, 494 U.S. at 658 , 108 L.

11999–1999
Shapiro v. Thompson green
scotus · 1969
2 sentences

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

11989–1989
Memorial Hospital v. Maricopa County green
scotus · 1974
2 sentences

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

11989–1989
Dunn v. Blumstein green
scotus · 1972
2 sentences

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

1989E.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 , 39 L.Ed. 2d 306 (one-year residency requirement to receive indigent medical care); Dunn v. Blumstein, 405 U.S. 330 , 31 L.Ed. 2d 274 (1972) (one-year residency requirement to exercise right to vote); Shapiro v. Thompson, 394 U.S. 618 , 22 L.Ed. 2d 600 (one-year residency requirement to receive welfare benefits).

11989–1989
In Re Walker green
nc · 1972
2 sentences

1981In re Walker, 282 N.C. 28 , 191 S.E.2d 702 (1972).

1981In re Walker, 282 N.C. 28 , 191 S.E.2d 702 (1972).

11981–1981

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1-267.1 (6) NC § N.C. Gen. Stat. § 7A-27 (4) NC § N.C. Gen. Stat. § 120-2.4 (3) NC § N.C. Gen. Stat. § 1A-1 (3) NC § N.C. Gen. Stat. § 7A-31 (3) USC § 42u.s.c.1973a (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.

Where else courts name it

CA 330 (1972–2026) WA 101 (1975–2026) IL 93 (1976–2026) FL 86 (1977–2021) PA 75 (1974–2026) NY 71 (1975–2026) TX 60 (1980–2026) OH 53 (1977–2023) IA 52 (1980–2026) AZ 50 (1974–2023) CT 49 (1976–2024) MD 43 (1974–2022) KS 41 (1985–2026) CO 41 (1977–2022) MI 37 (1976–2023) NJ 36 (1976–2025) WY 34 (1985–2026) NM 32 (1983–2016) LA 30 (1975–2025) MT 28 (1983–2025) TN 24 (1988–2014) WI 24 (1976–2025) HI 22 (1978–2023) MA 22 (1978–2020) MS 21 (1987–2024) NC 21 (1981–2025) ID 20 (1975–2023) UT 19 (1981–2024) ME 18 (1980–2020) MN 17 (1978–2016) MO 16 (1978–2025) VA 15 (1984–2025) WV 14 (1982–2022) AK 13 (1980–2022) SD 13 (1978–2024) IN 13 (1978–2020) NH 12 (1982–2025) GA 12 (1980–2025) ND 11 (1986–2025) OK 11 (1989–2023) DC 8 (1981–2009) KY 7 (1990–2023) OR 7 (1979–2013) AR 6 (1991–2007) DE 5 (1996–2022) AL 5 (1977–1999) SC 5 (2000–2013) VT 5 (1984–2021) VI 4 (2006–2015) NV 4 (1990–2010) RI 4 (1991–2020) NE 4 (1997–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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