Strict Scrutiny

969 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Broward Cnty. v. G.B.V. Int'l, Ltd.
  787 So. 2d 838· Fla.· 2001-06-07 ·cited 269×
  The Florida Supreme Court clarified the scope of certiorari review for local land use decisions, holding that district courts on second-tier certiorari review are limited to examining whether the circuit court afforded procedural due process and applied correct law, not to conduc
• Morrow v. Dillard
  580 F.2d 1284· 5th Cir.· 1978-09-29 ·cited 174×
  The court held that the doctrine of law of the case precluded reconsideration of the constitutionality of affirmative hiring relief, and that the district court did not abuse its discretion in ordering such relief. The court also found that the district court erred in denying att
• Szabo Food Serv., Inc. v. Canteen Corp.
  823 F.2d 1073· 7th Cir.· 1987-06-29 ·cited 172×
  The court held that the majority's approach to Rule 11 sanctions transforms the rule into a source of derivative litigation and that the due process claim was not objectively frivolous.
• Planned Parenthood League OF Mass. v. Bellotti
  641 F.2d 1006· 1st Cir.· 1981-02-09 ·cited 157×
  The court held that requiring physicians to provide patients with factual information about the stage of fetal development does not unconstitutionally burden the abortion decision.
• N. Fla. Women's Health & Counseling Servs., Inc. v. State
  866 So. 2d 612· Fla.· 2003-07-10 ·cited 148×
  The Florida Supreme Court held that Florida's Parental Notice of Abortion Act unconstitutionally infringes on a minor's right of privacy under the Florida Constitution. The Court applied its controlling precedent from In re T.W. and found that the Act imposes a significant restri
• Fla. Dep't OF Child. & Families v. F.L.
  880 So. 2d 602· Fla.· 2004-07-08 ·cited 141×
  The Florida Supreme Court upheld section 39.806(1)(i), which authorizes termination of parental rights based on prior involuntary termination of rights to a sibling, but imposed constitutional limits requiring proof of substantial risk of harm to the current child and that termin
• Ne. Fla. Chapter OF The Ass'n OF Gen. Contractors OF Am. v. City OF Jacksonville
  896 F.2d 1283· 11th Cir.· 1990-03-02 ·cited 140×
  An association lacks representative standing if its members have not alleged specific, actual or threatened injury sufficient for standing.
• Detroit Police Officers' Ass'n v. Coleman A. Young
  608 F.2d 671· 6th Cir.· 1979-10-12 ·cited 122×
  The court held that the district court erred in finding no prior discrimination and in enjoining the affirmative action program, as statistical evidence of disparate impact was improperly disregarded.
• United States v. Thoresen
  428 F.2d 654· 9th Cir.· 1970-06-08 ·cited 105×
  The court, in a concurring opinion, expresses concern over the prosecution's failure to allow transcription of grand jury proceedings, suggesting a future right to such transcripts for defendants.
• Faithy Dowdell v. The City OF Apopka
  698 F.2d 1181· 11th Cir.· 1983-02-28 ·cited 103×
  The court affirmed the finding of discriminatory intent and the impounding of funds, but reversed and remanded the denial of certain litigation expenses, holding they are recoverable under the Attorney's Fees Awards Act.
• Fred v. Sasso
  431 So. 2d 204· Fla. 1st DCA· 1983-04-29 ·cited 101×
  A 78-year-old worker who misrepresented his age on a job application was injured at work and sought permanent disability wage-loss benefits under Florida's workers' compensation statute. The District Court of Appeal held that the worker had standing to challenge the constitutiona
• MacHado v. Musgrove
  519 So. 2d 629· Fla. 3d DCA· 1987-07-14 ·cited 97×
  A Florida appellate court reviewed a circuit court decision that reversed a county commission's approval of a zoning change to allow a commercial office complex in an area designated for estate residential use. The court held that zoning actions inconsistent with comprehensive la
• The Cone Corp. v. Fla. Dep't OF Transp.
  921 F.2d 1190· 11th Cir.· 1991-01-08 ·cited 92×
  The appellate court held that the plaintiffs lacked standing to bring their claims, vacating the district court's order and directing dismissal.
• United States v. Thompson
  452 F.2d 1333· D.C. Cir.· 1971-10-07 ·cited 92×
  The Court held that the District of Columbia Court Reform and Criminal Procedure Act of 1970's bail provisions should not be applied to national offenses committed in D.C., as doing so would create an unconstitutional classification. The District Court erred in applying the stric
• Oburn v. Shapp
  521 F.2d 142· 3d Cir.· 1975-08-04 ·cited 86×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction sought by white applicants challenging the Pennsylvania State Police's minority hiring goals.
• Mitchell v. Moore
  786 So. 2d 521· Fla.· 2001-04-12 ·cited 85×
  The Florida Supreme Court held that the copy requirement provision of the Prisoner Indigency Statute violates the constitutional right of access to courts under both the Florida and U.S. Constitutions. The statute's requirement that prisoners provide copies of prior pleadings to
• Palm Harbor Special Fire Control Dist. v. Celestine Kelly
  516 So. 2d 249· Fla.· 1987-12-03 ·cited 85×
  The Florida Supreme Court upheld a Second District Court of Appeal decision striking down a statute requiring business agents for labor unions to be U.S. citizens, finding the alienage restriction violated equal protection under both the Fourteenth Amendment and the Florida Const
• State v. J.P.
  907 So. 2d 1101· Fla.· 2004-11-18 ·cited 77×
  The Florida Supreme Court held that juvenile curfew ordinances enacted by Tampa and Pinellas Park are unconstitutional because they burden fundamental rights and fail strict scrutiny review. The ordinances impermissibly restrict minors' rights to privacy and freedom of movement t
• Deerfield Med. Ctr. v. City OF Deerfield Beach
  661 F.2d 328· 5th Cir.· 1981-11-13 ·cited 77×
  The court held that the district court abused its discretion in denying plaintiffs' motion for a preliminary injunction, as the city's zoning decision interfered with a fundamental right and was not justified by legitimate state interests.
• Inquiry Concerning a Judge
  842 So. 2d 77· Fla.· 2003-01-30 ·cited 75×
  Judge Patricia Kinsey was disciplined for serious ethical violations during her 1998 election campaign for County Court Judge. The Florida Supreme Court upheld findings that she made campaign statements pledging favorable treatment to law enforcement and crime victims, made knowi
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Woods v. Holy Cross Hosp.
  591 F.2d 1164· 5th Cir.· 1979-03-26 ·cited 73×
• THE Fla. High Sch. Activities Ass'n, Inc. v. Thomas
  434 So. 2d 306· Fla.· 1983-07-07 ·cited 72×
  The Florida Supreme Court reversed a Third District Court of Appeal decision that had struck down a Florida High School Activities Association (FHSAA) rule limiting football players to 44 uniforms in post-season play. The Court held that the rule survives equal protection scrutin
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Rodolphe Noel v. Chapman
  508 F.2d 1023· 2d Cir.· 1975-01-03 ·cited 69×
  The court held that the INS policy regarding extensions of voluntary departure for aliens married to resident aliens, while differing from policies for aliens married to citizens, was a rational exercise of administrative discretion and did not violate the Administrative Procedur
• Tyler v. Trammell E. Vickery
  517 F.2d 1089· 5th Cir.· 1975-08-20 ·cited 68×
  The court held that summary judgment was inappropriate because genuine issues of material fact remained regarding purposeful racial discrimination in the Georgia bar examination.
• Cashatt v. State
  873 So. 2d 430· Fla. 1st DCA· 2004-04-26 ·cited 66×
  Jeffrey Cashatt appealed his conviction under Florida's child solicitation statute (§ 847.0135(3)) after pleading nolo contendere to soliciting a minor over the Internet. The appellate court upheld the conviction, rejecting Cashatt's facial constitutional challenges and finding t
• Brown v. Sibley
  650 F.2d 760· 5th Cir.· 1981-07-16 ·cited 66×
  The court held that plaintiffs have no private cause of action under Section 503 of the Rehabilitation Act and that their Section 504 claims fail due to lack of standing because the specific programs they were involved in did not receive federal financial assistance. The Fourteen
• Rene Pinillos for the Estate of Margarita Pinillos v. Cedars OF Lebanon Hosp. Corp. & the Fla. Patients Comp. Fund
  403 So. 2d 365· Fla.· 1981-06-18 ·cited 66×
  The Florida Supreme Court upheld the constitutionality of section 768.50, which requires medical malpractice judgments to be reduced by collateral source benefits received by plaintiffs. The Court reversed the trial court's holding that the statute violated equal protection right
• Allen G. Charles, M.D. v. Carey
  627 F.2d 772· 7th Cir.· 1980-07-29 ·cited 66×
  The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
• Baldwin v. Redwood City
  540 F.2d 1360· 9th Cir.· 1976-08-09 ·cited 64×
  Redwood City's ordinances limiting the aggregate area of political signs per candidate/issue, imposing permit fees and deposits, and banning signs in residential areas violate the First Amendment. However, limitations on individual sign size and aggregate area per parcel are perm
• Martin Cnty. v. Melvyn R. Yusem
  690 So. 2d 1288· Fla.· 1997-03-27 ·cited 63×
  The Florida Supreme Court held that amendments to comprehensive land use plans adopted under Florida's Local Government Comprehensive Planning Act are legislative decisions subject to the deferential 'fairly debatable' standard of review, not quasi-judicial decisions subject to s
• Bass v. Bd. OF Cnty. Comm'rs
  256 F.3d 1095· 11th Cir.· 2001-07-09 ·cited 62×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the plaintiff presented sufficient evidence of race discrimination and retaliation to proceed to a jury trial. The court found that while the plaintiff's supervisor's statement was not dire
• Crawford v. General Robert E. Cushman, Jr.
  531 F.2d 1114· 2d Cir.· 1976-02-23 ·cited 60×
  A Marine Corps regulation mandating discharge for pregnancy is unconstitutional, violating equal protection and due process rights.
• Buckley v. Honorable Francis R. Valeo
  519 F.2d 821· D.C. Cir.· 1975-08-15 ·cited 60×
  The court held that certain provisions of the election statute, particularly those concerning disclosure requirements and the composition and powers of the Federal Election Commission, raise significant constitutional questions regarding the First Amendment and the separation of
• E & T Realty v. Strickland
  830 F.2d 1107· 11th Cir.· 1987-10-26 ·cited 59×
  The court held that even if the plaintiffs were treated differently, there were rational and legitimate grounds for the decision, making reversal appropriate without remand.
• Solantic, LLC v. City OF Neptune Beach
  410 F.3d 1250· 11th Cir.· 2005-05-31 ·cited 58×
  Solantic, LLC challenged the constitutionality of Neptune Beach's sign code on First Amendment grounds, arguing that the code's enumerated exemptions rendered it an unconstitutional content-based restriction on speech and that its permit requirement lacked time limits, making it
• In re Advisory Opinion TO THE Governor
  509 So. 2d 292· Fla.· 1987-07-14 ·cited 56×
  The Florida Supreme Court issued an advisory opinion to Governor Bob Martinez regarding the facial constitutionality of Chapter 87-6, a new services tax enacted in 1987. The Court found the tax largely constitutional but struck down one provision (Section 31(4)) that retroactivel
• State v. West
  378 So. 2d 1220· Fla.· 1979-12-20 ·cited 56×
  The Florida Supreme Court held that a four-year statute of limitations on paternity actions unconstitutionally discriminates against illegitimate children in violation of equal protection guarantees. The court reversed the trial court's dismissal of the Department of Health and R
• Pollard v. Cockrell
  578 F.2d 1002· 5th Cir.· 1978-08-23 ·cited 56×
  The court held that plaintiff patrons lacked standing, that res judicata did not preclude federal review of certain ordinance sections, and that the ordinance's challenged provisions were constitutional exercises of police power.
• Robert L. Parish v. Nat'l Collegiate Athletic Ass'n
  506 F.2d 1028· 5th Cir.· 1975-01-09 ·cited 56×
  The court held that the NCAA's 1.600 rule was constitutional and that its actions were taken under color of state law, conferring jurisdiction.
• Constructors Ass'n of W. Pa. v. Kreps
  573 F.2d 811· 3d Cir.· 1978-03-07 ·cited 53×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the MBE set-aside provision of the Local Public Works Act, as the plaintiff failed to demonstrate a strong likelihood of success on the merits or sufficient irreparable
• Arritt v. Elwood G. Grisell
  567 F.2d 1267· 4th Cir.· 1977-12-28 ·cited 53×
  The court held that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers, and that the bona fide occupational qualification defense requires a two-pronged showing by the employer. The court also held that the plaintiff's equal protection
• Haire v. Fla. Dep't OF Agric. & Consumer Servs.
  870 So. 2d 774· Fla.· 2004-02-12 ·cited 52×
  The Florida Supreme Court upheld the constitutionality of the Citrus Canker Eradication Law, which authorizes the Department of Agriculture to destroy healthy citrus trees within 1,900 feet of infected trees. The Court held that the statute is a valid exercise of the State's poli
• Wise v. Bravo
  666 F.2d 1328· 10th Cir.· 1981-12-14 ·cited 52×
  The court held that while state law primarily governs family relations, the Constitution protects fundamental rights within family life, and state interference with these rights may be actionable under Section 1983 if egregious and lacking due process.
• United States v. Ross
  468 F.2d 1213· 9th Cir.· 1972-10-26 ·cited 52×
  The court held that the defendant's conviction for refusing induction was valid, affirming the lower court's decision.
• Warren v. State Farm Mut. Auto. Ins. Co.
  899 So. 2d 1090· Fla.· 2005-03-31 ·cited 51×
  The Florida Supreme Court upheld the constitutionality of section 627.736(5)(b) of Florida's Motor Vehicle No-Fault Law, which requires non-emergency medical providers to submit billing statements to insurers within thirty days of service. The Court rejected constitutional challe
• Eng'g Contractors Ass'n OF S. Fla. Inc. v. Metro. Dade Cnty.
  122 F.3d 895· 11th Cir.· 1997-09-02 ·cited 51×
  The court reversed a summary judgment for the general contractor and directed summary judgment for the insurer, holding that the insurance policy's additional insured endorsement did not provide coverage for the general contractor's independent negligence.
• City OF Watseka v. Ill. Pub. Action Council & Am. Civil Liberties Union
  796 F.2d 1547· 7th Cir.· 1986-07-18 ·cited 49×
  The dissent argues the majority incorrectly applied the 'less-restrictive-alternative' test from overbreadth doctrine to time, place, and manner regulations, imposing too strict a scrutiny level. The dissent also asserts the majority failed to consider whether canvassers have a F
• Vogel v. The City OF Cincinnati
  959 F.2d 594· 6th Cir.· 1992-03-13 ·cited 48×
  The court held that Richard Vogel, not a party to the consent decree, lacked standing to challenge the City's interpretation of the decree but had standing to challenge the constitutionality of the City's affirmative action hiring policy as applied to him. The court further held