· 5/15/1828
O'Brien v. Dunlap
Citations
- 5 Me. 281
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that this Court has no authority to render an advisory opinion
- recognizing that this Court has no authority to render an advisory opinion
- requiring the party defending the statute to \demonstrate a substantial justification \
- “The vice in special laws is that they do not embrace all of the class to which they are naturally related.”
- “whether a law is special or general can most easily be determined by looking to whether the categories created under the law are open-ended or fixed, based on some immutable characteristic”
- “The burden, therefore, shifts to . . . the party defending the statute[] to show that it is constitutional. To meet this standard, the mere existence of a rational or reasonable basis for the classification is insufficient.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thu
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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