scrutiny test (South Dakota) · Go Syfert
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scrutiny test in South Dakota

13 South Dakota opinions name it 1 courts 1978–2024 1 in the last five years

The cases below were cited by South Dakota 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 (9)

CaseFollowedCited
Dandridge v. Williamsgreen
scotus · 1970 · cited in 2 South Dakota opinions naming this issue, 1989–1989
2 sentences

1989A rule does not fail the minimal scrutiny test simply because it is “not made with mathematical nicety or because in practice it results in some inequality.” United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 175 , 101 S.Ct. 453, 459 , 66 L.Ed.2d 368, 376 (1980) (citing Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491, 501-02 (1970)).

1989A rule does not fail the minimal scrutiny test simply because it is “not made with mathematical nicety or because in practice it results in some inequality.” United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 175 , 101 S.Ct. 453, 459 , 66 L.Ed.2d 368, 376 (1980) (citing Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491, 501-02 (1970)).

22
United States Railroad Retirement Board v. Fritzgreen
scotus · 1981 · cited in 2 South Dakota opinions naming this issue, 1989–1989
2 sentences

1989A rule does not fail the minimal scrutiny test simply because it is “not made with mathematical nicety or because in practice it results in some inequality.” United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 175 , 101 S.Ct. 453, 459 , 66 L.Ed.2d 368, 376 (1980) (citing Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491, 501-02 (1970)).

1989A rule does not fail the minimal scrutiny test simply because it is “not made with mathematical nicety or because in practice it results in some inequality.” United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 175 , 101 S.Ct. 453, 459 , 66 L.Ed.2d 368, 376 (1980) (citing Dandridge v. Williams, 397 U.S. 471, 485 , 90 S.Ct. 1153, 1161 , 25 L.Ed.2d 491, 501-02 (1970)).

22
Miller v. Johnsongreen
scotus · 1995 · cited in 2 South Dakota opinions naming this issue, 2000–2000
2 sentences

2000VI, § 2), the 1996 amendment was corrective and, therefore, constitutional. [¶ 23.] The Equal Protection Clause of the Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The purpose is to promote “racial neutrality' in governmental decisionmak-ing.” Miller v. Johnson, 515 U.S. 900, 904 , 115 S.Ct. 2475, 2482 , 132 L.Ed.2d 762, 771 (1995) (citations omitted). ' Thus, any legislation which makes distinctions on the basis of -race or ethnicity is inherently suspect and, thus, subject to a strict scrutiny analysis. ’ Id.

2000VI, § 2), the 1996 amendment was corrective and, therefore, constitutional. [¶ 23.] The Equal Protection Clause of the Fourteenth Amendment provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The purpose is to promote “racial neutrality' in governmental decisionmak-ing.” Miller v. Johnson, 515 U.S. 900, 904 , 115 S.Ct. 2475, 2482 , 132 L.Ed.2d 762, 771 (1995) (citations omitted). ' Thus, any legislation which makes distinctions on the basis of -race or ethnicity is inherently suspect and, thus, subject to a strict scrutiny analysis. ’ Id.

12
In RE MARRIAGE OF ARNOLD v. Arnoldgreen
wisctapp · 2004 · cited in 1 South Dakota opinions naming this issue, 2024–2024
1 sentence

2024Rather, in Washington, courts attempt to discern the best interests of the child.”); Marriage of Arnold v. Arnold, 679 N.W.2d 296, 299 (Wis. 2004) (distinguishing Troxel and rejecting a parent’s substantive due process argument raised against the other parent); McDermott v. Dougherty, 869 A.2d 751, 771, 808 (Md. 2005) (explaining that “[t]he best interests of the child standard is, axiomatically, of a different nature than a parent’s fundamental constitutional right[,]” and that “the most important application of the [best interests] standard[] is in disputes between fit natural parents [who s

11
In Re Parentage of LBgreen
wash · 2005 · cited in 1 South Dakota opinions naming this issue, 2024–2024
1 sentence

2024Ct. App. 2011) (noting that “numerous courts . . . have found Troxel does not apply to custody disputes between natural parents”); Enrique M. v. Angelina V., 94 Cal. Rptr. 3d 883, 889 (Cal. Ct. App. 4th 2009) (holding that “Troxel . . . does not compel courts to apply a substantive due process analysis in resolving custody or custody -12- #30644 related disputes between parents”); In re R.A., 891 A.2d 564, 576 (N.H. 2005) (noting that “strict scrutiny need not be applied [when] balancing the rights of two fit parents, both of whom have the same constitutional right to custody of their children

11
In re R.A.green
nh · 2005 · cited in 1 South Dakota opinions naming this issue, 2024–2024
1 sentence

2024Ct. App. 2011) (noting that “numerous courts . . . have found Troxel does not apply to custody disputes between natural parents”); Enrique M. v. Angelina V., 94 Cal. Rptr. 3d 883, 889 (Cal. Ct. App. 4th 2009) (holding that “Troxel . . . does not compel courts to apply a substantive due process analysis in resolving custody or custody -12- #30644 related disputes between parents”); In re R.A., 891 A.2d 564, 576 (N.H. 2005) (noting that “strict scrutiny need not be applied [when] balancing the rights of two fit parents, both of whom have the same constitutional right to custody of their children

11
McDermott v. Doughertygreen
md · 2005 · cited in 1 South Dakota opinions naming this issue, 2024–2024
1 sentence

2024Rather, in Washington, courts attempt to discern the best interests of the child.”); Marriage of Arnold v. Arnold, 679 N.W.2d 296, 299 (Wis. 2004) (distinguishing Troxel and rejecting a parent’s substantive due process argument raised against the other parent); McDermott v. Dougherty, 869 A.2d 751, 771, 808 (Md. 2005) (explaining that “[t]he best interests of the child standard is, axiomatically, of a different nature than a parent’s fundamental constitutional right[,]” and that “the most important application of the [best interests] standard[] is in disputes between fit natural parents [who s

11
Enrique M. v. Angelina V.green
calctapp · 2009 · cited in 1 South Dakota opinions naming this issue, 2024–2024
1 sentence

2024Ct. App. 2011) (noting that “numerous courts . . . have found Troxel does not apply to custody disputes between natural parents”); Enrique M. v. Angelina V., 94 Cal. Rptr. 3d 883, 889 (Cal. Ct. App. 4th 2009) (holding that “Troxel . . . does not compel courts to apply a substantive due process analysis in resolving custody or custody -12- #30644 related disputes between parents”); In re R.A., 891 A.2d 564, 576 (N.H. 2005) (noting that “strict scrutiny need not be applied [when] balancing the rights of two fit parents, both of whom have the same constitutional right to custody of their children

11
Behrns v. Burkegreen
sd · 1975 · cited in 1 South Dakota opinions naming this issue, 1978–1978
1 sentence

1978See, Behrns v. Burke, 1975, S.D., 229 N.W.2d 86, 88, n. 7 . [1] I agree with the majority that this is not a "fundamental interest" or a "suspect classification" based upon race, religion, national origin or sex which requires a strict scrutiny test; but is to be considered by the rational-relation test. [2] Except, of course, in situations such as City of Aberdeen v. Meidinger, 1975, S.D., 233 N.W.2d 331 , where the court can find no legitimate legislative purposes.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Budahl v. Gordon & David Associates green
sd · 1980
2 sentences

2002Budahl v. Gordon and David Associates, 287 N.W.2d 489 (S.D.1980).

2002Budahl v. Gordon and David Associates, 287 N.W.2d 489 (S.D.1980).

22002–2002
State v. Baker green
sd · 1989
2 sentences

1999Baker, 440 N.W.2d at 289 .

1999Baker, 440 NW2d at 289 .

21999–1999
Matter of Estate of Gab green
sd · 1985
2 sentences

2003Id. at 926 . [¶ 10.] Merry would have us hold that any postnuptial agreement entered into by Marcella and Ray would not have survived *923 application of the strict scrutiny standard.

2003Id. at 926 . [¶ 10.] Merry would have us hold that any postnuptial agreement entered into by Marcella and Ray would not have survived *923 application of the strict scrutiny standard.

12003–2003
Cohen v. California green
scotus · 1971
2 sentences

2003Cohen v. California, 403 U.S. 15, 22-26 , 91 S.Ct. 1780, 1786-89 , 29 L.Ed.2d 284 (1971); see RAV v. City of St.

2003Cohen v. California, 403 U.S. 15, 22-26 , 91 S.Ct. 1780, 1786-89 , 29 L.Ed.2d 284 (1971); see RAV v. City of St.

12003–2003
Riggins v. Nevada green
scotus · 1992
2 sentences

2000Riggins, 504 U.S. at 136 , 112 S.Ct. at 1815 , 118 L.Ed.2d at 490 .

2000Riggins, 504 U.S. at 136 , 112 S.Ct. at 1815 , 118 L.Ed.2d at 490 .

12000–2000
City of Aberdeen v. Meidinger green
sd · 1975
2 sentences

1978Except, of course, in situations such as City of Aberdeen v. Meidinger, 1975, S.D., 233 N.W.2d 331 , where the court can find no legitimate legislative purposes.

1978See, Behrns v. Burke, 1975, S.D., 229 N.W.2d 86, 88, n. 7 . [1] I agree with the majority that this is not a "fundamental interest" or a "suspect classification" based upon race, religion, national origin or sex which requires a strict scrutiny test; but is to be considered by the rational-relation test. [2] Except, of course, in situations such as City of Aberdeen v. Meidinger, 1975, S.D., 233 N.W.2d 331 , where the court can find no legitimate legislative purposes.

11978–1978

Where else courts name it

CA 334 (1972–2026) WA 103 (1975–2026) IL 91 (1976–2026) FL 86 (1977–2021) PA 76 (1974–2026) NY 72 (1973–2026) TX 61 (1980–2026) IA 54 (1980–2026) OH 54 (1977–2026) AZ 50 (1974–2023) CT 49 (1976–2024) MD 43 (1974–2022) KS 42 (1985–2026) CO 42 (1977–2022) MI 37 (1976–2023) NJ 36 (1976–2025) WY 36 (1985–2026) NM 32 (1983–2016) LA 30 (1975–2025) MT 28 (1983–2025) TN 26 (1988–2020) WI 24 (1976–2025) MA 22 (1978–2020) NC 22 (1981–2025) HI 22 (1978–2023) MS 21 (1987–2024) ID 20 (1975–2023) ME 19 (1980–2026) UT 19 (1981–2024) MO 17 (1978–2025) MN 17 (1978–2016) VA 16 (1984–2025) IN 14 (1978–2020) WV 14 (1982–2022) SD 13 (1978–2024) AK 13 (1980–2022) NH 12 (1982–2025) GA 12 (1980–2025) OK 11 (1989–2023) ND 11 (1986–2025) OR 8 (1979–2013) KY 7 (1990–2023) SC 7 (2000–2023) DC 7 (1981–2009) AR 6 (1991–2007) VT 5 (1984–2021) NE 5 (1997–2024) DE 5 (1996–2022) AL 5 (1977–1999) VI 4 (2006–2015) RI 4 (1991–2020) NV 4 (1990–2010)

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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