statute to rebut presumption (Pennsylvania) · Go Syfert
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statute to rebut presumption in Pennsylvania

7 Pennsylvania opinions name it 3 courts 2004–2023 1 in the last five years

The cases below were cited by Pennsylvania 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 (3)

CaseFollowedCited
Probst v. Com., Dept. of Transp.green
pa · 2004 · cited in 6 Pennsylvania opinions naming this issue, 2006–2023
2 sentences

2023Furthermore, we keep in mind that because a presumption of constitutionality attaches to any lawfully enacted legislation, the burden is upon the party attacking a statute to rebut the presumption of constitutionality by a clear, palpable, and plain demonstration that the rational basis test is not met. 849 A.2d 1135 , 1133 (Pa. 2004) (internal citations omitted).

2018If so, we must next determine whether the classification adopted in the legislation is reasonably related to accomplishing that articulated state interest or interests.” Curtis v. Kline, 666 A.2d 265, 269 (Pa. 1995). “[B]ecause a presumption of constitutionality attaches to any lawfully enacted legislation, the burden is upon the party attacking a statute to rebut the presumption of constitutionality by a clear, palpable, and plain demonstration that the rational basis test is not met.” Probst v. Dep’t of Transp., Bureau of Driver Licensing, 849 A.2d 1135, 1144 (Pa. 2004).

36
Curtis v. Klinegreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018If so, we must next determine whether the classification adopted in the legislation is reasonably related to accomplishing that articulated state interest or interests.” Curtis v. Kline, 666 A.2d 265, 269 (Pa. 1995). “[B]ecause a presumption of constitutionality attaches to any lawfully enacted legislation, the burden is upon the party attacking a statute to rebut the presumption of constitutionality by a clear, palpable, and plain demonstration that the rational basis test is not met.” Probst v. Dep’t of Transp., Bureau of Driver Licensing, 849 A.2d 1135, 1144 (Pa. 2004).

11
James v. Southeastern Pennsylvania Transportation Authoritygreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004See James v. Southeastern Pennsylvania Transportation Authority, 505 Pa. 137 , 477 A.2d 1302, 1304 (1984).

2004See James v. Southeastern Pennsylvania Transportation Authority, 505 Pa. 137 , 477 A.2d 1302, 1304 (1984).

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

IL 8 (2001–2014) PA 7 (2004–2023) TX 3 (2015–2015)

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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