Strict Scrutiny

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

• Celso Lopez Lopez v. Aran
  844 F.2d 898· 1st Cir.· 1988-04-25 ·cited 14×
  The court held that the INS checkpoint procedures at Isla Verde airport, including initial questioning and secondary inspections, were permissible under the Fourth Amendment, but the practice of seizing passenger tickets during questioning was problematic.
• News Am. Publ'g, Inc. v. Fed. Commc'ns Comm'n
  844 F.2d 800· D.C. Cir.· 1988-03-29 ·cited 14×
  The court held that the final 18 words of the Hollings Amendment, which targeted a single entity (Rupert Murdoch) by forbidding extensions of his temporary media ownership waivers, must be scrutinized under a standard more stringent than minimum rationality and are therefore unco
• Vermouth v. Corrothers
  827 F.2d 599· 9th Cir.· 1987-09-09 ·cited 14×
  The court held that the prospective application of revised parole guidelines based on the initial hearing date, rather than the sentencing date, did not violate equal protection, and that the guidelines themselves are not subject to the ex post facto clause.
• Olagues v. Russoniello
  797 F.2d 1511· 9th Cir.· 1986-08-26 ·cited 14×
  The court held that the United States Attorney's investigation into non-citizen voting was not based on discriminatory bias, but rather on a practical classification to discover fraudulent voting.
• Lupert v. The Cal. State BAR
  761 F.2d 1325· 9th Cir.· 1985-05-23 ·cited 14×
  The court held that California's "Baby Bar" requirement, section 6060(g) of the Business and Professions Code, is constitutional under the rational basis test. The court also affirmed the dismissal of other motions as moot.
• Frazier v. Manson
  703 F.2d 30· 2d Cir.· 1983-03-07 ·cited 14×
  The court held that Connecticut's statute increasing good time credits for prisoners sentenced after October 1, 1976, does not violate the Equal Protection Clause because the distinction is rationally related to the legitimate state purpose of avoiding legislative encroachment on
• United States v. Mastrangelo
  662 F.2d 946· 2d Cir.· 1981-10-28 ·cited 14×
  The dissenting judge argues that the Double Jeopardy Clause requires reversal because the mistrial was not supported by manifest necessity and viable alternatives existed.
• Womens Servs. v. Thone
  636 F.2d 206· 8th Cir.· 1980-12-08 ·cited 14×
  The court affirmed the district court's judgment, finding that while certain provisions of the Nebraska abortion regulation law unduly burdened a woman's right to an abortion under substantive due process, other provisions did not violate the Establishment or Free Exercise Clause
• United States v. Barajas-Guillen
  632 F.2d 749· 9th Cir.· 1980-10-02 ·cited 14×
  The court held that the statutory scheme for voluntary departure in immigration law, which distinguishes based on an alien's ability to pay and culpability, does not violate equal protection rights and is supported by a rational basis.
• Munoz v. Cnty. OF Imperial
  604 F.2d 1174· 9th Cir.· 1979-07-26 ·cited 14×
  The court held that the Anti-Injunction Act and res judicata did not bar the federal district court from issuing a preliminary injunction against a county's enforcement of a water export restriction, as the constitutional issue was not decided in state court and the injunction ta
• Mason v. Lister
  562 F.2d 343· 5th Cir.· 1977-11-04 ·cited 14×
  The court held that the Federal Employees Early Retirement Act does not violate the Age Discrimination in Employment Act or the Due Process Clause of the Fifth Amendment.
• Eskra v. Rogers Morton
  524 F.2d 9· 7th Cir.· 1975-09-29 ·cited 14×
  The federal government cannot discriminate against an illegitimate Indian child inheriting through her mother based on a presumed intent of the decedent to disfavor illegitimates.
• United States v. Garrett
  521 F.2d 444· 8th Cir.· 1975-07-23 ·cited 14×
  The court held that the Mann Act is constitutional and that the admission of the defendant's statement and the victim's testimony was proper.
• Mahlon D. Green v. McKEON
  468 F.2d 883· 6th Cir.· 1972-10-12 ·cited 14×
  A two-year durational residency requirement for holding elective office in a city charter is unconstitutional as it unduly burdens the right to travel and is not narrowly tailored to serve a compelling government interest.
• Mazhar Jalil v. Hampton
  460 F.2d 923· D.C. Cir.· 1972-03-08 ·cited 14×
  The dissenting judge would reverse the lower court's decision and hold both the Civil Service regulation and the Public Works Appropriation Act invalid.
• United States v. Karnes
  437 F.2d 284· 9th Cir.· 1971-01-22 ·cited 14×
  The court held that the statute prohibiting dishonorably discharged veterans from possessing firearms is constitutional, as it has a rational basis and does not violate Due Process, the Bill of Attainder clause, or the Ex Post Facto prohibition.
• State v. Catalano
  60 So. 3d 1139· Fla. 2d DCA· 2011-05-11 ·cited 13×
  The Florida Second District Court of Appeal denied the State's petition for certiorari challenging a circuit court's decision that section 316.3045, which restricts car stereo volume on public streets, is unconstitutional. The court held the statute is both facially vague under t
• Smith v. Neil A. Fisher, M.D.
  965 So. 2d 205· Fla. 4th DCA· 2007-09-05 ·cited 13×
  The Fourth District Court of Appeal upheld the constitutionality of Florida's Vexatious Litigant Law (section 68.093) against a challenge under Article I, Section 21 of the Florida Constitution. Glenn Smith, a pro se litigant with a history of five unsuccessful lawsuits within fi
• State v. Dodd
  561 So. 2d 263· Fla.· 1990-05-08 ·cited 13×
  The Florida Supreme Court struck down a statute prohibiting candidates for statewide and legislative office from accepting or soliciting campaign contributions during legislative sessions, finding it violated First Amendment free speech and associational rights. The Court held th
• Frank "Rocky" Barilla v. Ervin
  886 F.2d 1514· 9th Cir.· 1989-07-13 ·cited 13×
  The court held that the claims of plaintiff Glancy were moot due to intervening statutory amendments, but the claims of plaintiffs Barilla, Fore, and Knight were not moot and were capable of repetition, yet evading review. The court affirmed the district court's judgment for the
• Sergeant Perry J. Watkins v. United States Army
  837 F.2d 1428· 9th Cir.· 1988-02-10 ·cited 13×
  The court held that the Army's regulations discriminating against homosexual orientation are subject to equal protection analysis and are not foreclosed by Bowers v. Hardwick.
• Morgan L. Jones v. Reagan
  748 F.2d 1331· 9th Cir.· 1984-12-04 ·cited 13×
  The court considered whether a defendant is entitled to a special verdict instruction when charged with first-degree murder on alternative theories of premeditation and felony murder, and whether separate convictions for underlying felonies are permissible.
• del Percio v. The City OF Daytona Beach
  449 So. 2d 323· Fla. 5th DCA· 1984-03-29 ·cited 13×
  The Florida District Court of Appeal reversed convictions under a Daytona Beach ordinance prohibiting exposure of female breasts below the areola in establishments serving alcohol, finding the ordinance unconstitutionally vague and overbroad because lower courts had interpreted i
• United States v. Bd. OF Sch. Comm'rs OF City OF Indianapolis
  541 F.2d 1211· 7th Cir.· 1976-07-16 ·cited 13×
  The dissent argues that the record lacks evidence of racially discriminatory purpose, which is a necessary element for an Equal Protection Clause violation, and therefore no interdistrict relief is warranted.
• Aldo Mario Lovisi and Margaret Lovisi v. Slayton
  539 F.2d 349· 4th Cir.· 1976-05-12 ·cited 13×
  The court should protect the conjugal relationship of husband and wife from state criminalization, even if a third party is present.
• United States v. Fleury
  20 F.4th 1353· 11th Cir.· 2021-12-16 ·cited 12×
  Brandon Fleury was convicted of transmitting interstate threats and cyberstalking after he sent harassing messages on Instagram to three families who lost loved ones in the Parkland school shooting, posing as notorious serial killers and threatening kidnapping and murder. The Ele
• Inquiry Concerning a Judge
  76 So. 3d 898· Fla.· 2011-11-18 ·cited 12×
  The Florida Supreme Court upheld the Florida Judicial Qualifications Commission's recommendation to remove Circuit Judge N. James Turner from office for multiple violations of the Code of Judicial Conduct, including campaign finance violations, unauthorized practice of law while
• Henderson v. Crosby
  883 So. 2d 847· Fla. 1st DCA· 2004-08-24 ·cited 12×
  In this case of first impression, the Florida District Court of Appeal clarified that Article I, Section 21 of the Florida Constitution (the access-to-courts provision) provides broader protection than the federal constitutional right of access to courts, requiring the Department
• J.P. v. State
  788 So. 2d 953· Fla.· 2001-06-14 ·cited 12×
• Martin Cnty. v. Melvyn R. Yusem
  664 So. 2d 976· Fla. 4th DCA· 1995-08-30 ·cited 12×
  Martin County denied a landowner's request to amend the future land use map to increase residential density on 54 acres. The court held that the county's action was quasi-judicial rather than legislative, meaning it could only be reviewed by common law certiorari, not by the decl
• Harrison & Burrowes Bridge Constructors v. Cuomo
  981 F.2d 50· 2d Cir.· 1992-12-02 ·cited 12×
  The court held that New York's implementation of the federal minority business set-aside program was lawful, and that claims for injunctive and declaratory relief regarding the state program were moot due to an emergency regulation suspending enforcement.
• Americans United FOR Separation OF Church & State v. City OF Grand Rapids
  980 F.2d 1538· 6th Cir.· 1992-11-16 ·cited 12×
  The court held that the First Amendment does not mandate allowing private parties to leave religious symbols in public spaces if those symbols create an appearance of government endorsement of religion.
• Contractors Ass'n OF E. Pa., Inc. v. City OF Philadelphia
  945 F.2d 1260· 3d Cir.· 1991-09-30 ·cited 12×
  The court held that the district court abused its discretion by granting summary judgment without allowing sufficient discovery, and that the appellants should be given a reasonable opportunity to pursue discovery related to discrimination.
• Saboet Elmazi Azizi and Feim Azizi v. Thornburgh
  908 F.2d 1130· 2d Cir.· 1990-07-05 ·cited 12×
  Section 5 of the Immigration Marriage Fraud Amendments of 1986 contravenes the due process requirements of the Fifth Amendment because it is a procedural provision that fails to provide adequate procedural safeguards.
• Montalvo-Huertas v. Rivera-Cruz
  885 F.2d 971· 1st Cir.· 1989-09-20 ·cited 12×
  The Court held that the Puerto Rico Closing Law, as amended, does not violate federal due process or equal protection, as it is rationally related to legitimate government interests and the plaintiffs failed to demonstrate arbitrariness.
• Winter Park Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  873 F.2d 347· D.C. Cir.· 1989-04-21 ·cited 12×
  The court held that the FCC's application of section 307(b) was consistent with precedent and that its use of a qualitative enhancement for minority ownership did not violate the Equal Protection Clause, as previously established in West Michigan Broadcasting Co. v. FCC.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n & The United States
  837 F.2d 546· 2d Cir.· 1988-01-15 ·cited 12×
  The court held that the FCC's regulations establishing defenses to prosecution under section 223(b) for dial-a-porn services, including access codes and scrambling, are a feasible and effective method for restricting minors' access to obscene telephone messages without unreasonab
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Metro. Dade Cnty. Fair Hous. & Emp. Appeals Bd. v. Sunrise Vill. Mobile Home Park, Inc.
  511 So. 2d 962· Fla.· 1987-07-09 ·cited 12×
  The Florida Supreme Court upheld Metropolitan Dade County's ordinance prohibiting age discrimination in housing, rejecting the argument that White Egret Condominium established an unconstitutional restraint on property rights. However, the Court invalidated the administrative awa
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• Hammon v. Barry
  813 F.2d 412· D.C. Cir.· 1987-02-27 ·cited 12×
  The dissenting judge argues that the Fire Department's affirmative action plan is a permissible remedial measure consistent with Title VII and the Constitution, aimed at correcting the lingering effects of past discrimination.
• Glenn L. Pohlman, M.D. v. Mathews
  440 So. 2d 681· Fla. 1st DCA· 1983-11-21 ·cited 12×
  The court held that Section 768.56, Florida Statutes, is not facially unconstitutional as it does not violate equal protection, due process, or access to the courts.
• Anibal Soberal-Perez v. Heckler
  717 F.2d 36· 2d Cir.· 1983-08-30 ·cited 12×
  The court held that the Secretary's failure to provide notices and services in Spanish does not violate Title VI of the Civil Rights Act of 1964 or the constitutional rights to due process and equal protection.
• Johnson v. Bd. OF Educ. OF the City OF Chicago
  604 F.2d 504· 7th Cir.· 1979-08-13 ·cited 12×
  The court held that the school board's voluntary racial stabilization quota plans, as modified to include busing, were constitutionally permissible and did not violate the Fourteenth Amendment or state statutes, as they served the legitimate purpose of preventing de facto segrega
• Johnson v. Lefkowitz
  566 F.2d 866· 2d Cir.· 1977-12-14 ·cited 12×
  The court held that New York's mandatory retirement law for tenured civil service employees at age 70 is constitutional, serving legitimate state interests in efficiency and economy.
• Henderson v. Fort Worth Indep. Sch. Dist. & John R. Leatherbury
  526 F.2d 286· 5th Cir.· 1976-01-22 ·cited 12×
  The court held that the three-year qualified voter requirement for school board candidates violates the Equal Protection Clause of the Fourteenth Amendment.
• Beare v. Dolph Briscoe
  498 F.2d 244· 5th Cir.· 1974-07-31 ·cited 12×
  The court held that Texas's annual voter registration system, which imposed an impermissible burden on the right to vote by disenfranchising a substantial number of otherwise qualified voters, violated the Fourteenth Amendment's Equal Protection Clause.
• Dorrough v. Estelle
  497 F.2d 1007· 5th Cir.· 1974-07-29 ·cited 12×
  The court held that a statutory classification denying appeal to prisoners recaptured within two days of escape violates equal protection.
• Norwegian Cruise Line Holdings Ltd v. State Surgeon Gen.
  50 F.4th 1126· 11th Cir.· 2022-10-06 ·cited 11×
  Norwegian Cruise Line Holdings challenged a Florida statute prohibiting businesses from requiring customers to provide proof of COVID-19 vaccination, arguing it violated the First Amendment and the dormant Commerce Clause. The Eleventh Circuit Court of Appeals held that the statu
• Renee B. v. Fla. Agency FOR Health Care Admin.
  790 So. 2d 1036· Fla.· 2001-07-12 ·cited 11×
  The Florida Supreme Court held that the state's exclusion of medically necessary abortions from Medicaid coverage, except where pregnancy endangers the mother's life or results from rape or incest, does not violate the express right to privacy in the Florida Constitution. The cou