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· 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

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