should be minimal judicial review and requires plaintiffs to overcome the constitutionality presumption. To mention an example of Levinson’s Q-type implicature involving this idea, found later in the argument: basis, Mr. Clement is a problem in your briefing. You seem to say and …Rational – you repeat it today that there is[sic] three tiers, and if 111, lines ….(Windsor, +> you repeat it today that there is three (not more or less) tiers… …and The Q-type involves number words such as and relates to Horn’s idea of “three” scalar implicatures. In the SCOTUS context, all parties realize that the legal notion of basis” involves three levels of form for judicial review, with basis” “rational “rational being the least onerous form. The other two forms (see below) are considered more stringent, and relate to other phases of constitutional review as noted below. The lawyer, Mr. Clement, goes on to say, Court, even when it’s applied more heightened scrutiny….(Windsor, 74, …This lines 22-23). The implicature of this compound suggests a uses different standards of judicial review and could be read as, +>Even when this Court’s review has been closer, more searching…. But again, in constitutional law, the concept of heightened scrutiny is understood to refer to levels of or scrutiny in judicial review of constitutional “intermediate” “strict” questions which further implies that a plaintiff’s case can be potentially determined by – the level of constitutional review that a court determines to use. The structure of the tiers of scrutiny is an important characteristic of another constitutional idea, Equal Protection analysis, discussed below.
should be minimal judicial review and requires plaintiffs to overcome the constitutionality presumption. To mention an example of Levinson’s Q-type implicature involving this idea, found later in the argument: …Rational basis, Mr. Clement – is a problem in your briefing. You seem to say and you repeat it today that there is[sic] three tiers, and if ….(Windsor, 111, lines +> …and you repeat it today that there is three (not more or less) tiers… The Q-type involves number words such as “three” and relates to Horn’s idea of scalar implicatures. In the SCOTUS context, all parties realize that the legal notion of “rational basis” involves three levels of form for judicial review, with “rational basis” being the least onerous form. The other two forms (see below) are considered more stringent, and relate to other phases of constitutional review as noted below. The lawyer, Mr. Clement, goes on to say, …This Court, even when it’s applied more heightened scrutiny….(Windsor, 74, lines 22-23). The implicature of this compound suggests a uses different standards of judicial review and could be read as, +>Even when this Court’s review has been closer, more searching…. But again, in constitutional law, the concept of heightened scrutiny is understood to refer to levels of “intermediate” or “strict” scrutiny in judicial review of constitutional questions – which further implies that a plaintiff’s case can be potentially determined by the level of constitutional review that a court determines to use. The structure of the tiers of scrutiny is an important characteristic of another constitutional idea, Equal Protection analysis, discussed below.
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