Lawsplainer: The Ninth Circuit and Compelled Speech

popehat.com/2016/10/17/lawsplainer-the-ninth-circuit-and-compelled-speech-about-abortion/

When a court applies scrutiny, it’s holding the government’s justification for a challenged law to a standard. How tough the standard is depends on the nature of the law and how the plaintiff says it’s defective. In some situations, courts apply strict scrutiny — for instance, laws that punish speech based on its content generally trigger strict scrutiny. If a court applies strict scrutiny, the government must show that the law in question serves a compelling government interest and is narrowly tailored to achieve that interest. Practically speaking, applying strict scrutiny almost always means that the court will strike down the law.

~ Ken White

Don’t knee-jerk-react to the topic of the case (it’s about abortion). Instead, read this short piece as an explanation of one facet of the interation between our federal courts and our state legislatures. One of the beautiful aspects of our Republic is the way our founders envisioned a system to combine the states under a federal umbrella. I note particularly the concept of the federal courts NOT being able to just randomly intervene in the states’ affairs.

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