The Structure of Strict Scrutiny Review

2020 ◽  
Author(s):  
R. Randall Kelso
Keyword(s):  
Strict Scrutiny

Strict Scrutiny

2002 ◽  
Vol 7 (2) ◽  
pp. 105-115
Author(s):  
Jeff Chester
Keyword(s):  
Strict Scrutiny

scholarly journals The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court

2009 ◽  
Vol 103 (3) ◽  
pp. 474-495 ◽  
Author(s):  
BRANDON L. BARTELS
Keyword(s):  
Supreme Court ◽  
Theoretical Models ◽  
Free Expression ◽  
Modeling Framework ◽  
Legal Doctrine ◽  
Legal Rules ◽  
Strict Scrutiny ◽  
Legal Constraint ◽  
Attitudinal Model ◽  
Ideological Voting

Does law exhibit a significant constraint on Supreme Court justices' decisions? Although proponents of the attitudinal model argue that ideology predominantly influences justices' choices, “hybrid models” posit that law and ideology exhibit discrete and concurrent effects on justices' choices. I offer a new conceptualization of legal constraint examining how legal rules permit varying degrees of ideological discretion, which establishes how strongly ideological preferences will influence justices' votes. In examining the levels-of-scrutiny legal doctrine, I posit theoretical models highlighting the differential constraining capacities of the strict scrutiny, intermediate scrutiny, and rational basis rules. I use a multilevel modeling framework to test the hypotheses within the context of theGrayneddoctrine in free expression law. The results show that strict scrutiny, whichGraynedapplied to content-based regulations of expression, significantly constrains ideological voting, whereas intermediate scrutiny (applied to content-neutral regulations) and the low scrutiny categories each promote high levels of ideological voting.

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