![]() The nexus requirement is a key element to successfully invoke this clause in investment arbitrations and requests tribunals to adopt a standard of review. In light of the increase in investor-state disputes brought by foreign investors under investment treaties, treaty negotiators have included such a clause in recent IIAs to support the state’s position and mitigate the impact of these treaties on their regulatory powers. Here is a chart that helps break down the levels of scrutiny, and explain the steps the Supreme Court would take in deciding if a law is valid or unconstitutional.The non-precluded measures (‘NPM’) clause allows a state to restrict the exercise of the investor’s rights and protections provided for in international investment agreements (‘IIAs’) during emergencies. The three standards of review are: 1) Rational Basis - minimum scrutiny, 2) Intermediate Scrutiny - middle-tier scrutiny, and 3) Strict Scrutiny - most narrow level of scrutiny. This is where the Standards of Review comes into play and helps the Justices examine laws to determine if they are legitimate and serve a compelling government interest. The drinking age law prohibits anyone under the age of 21 from drinking and places a limit on their freedom. This is a law which classifies and singles out certain individuals because the government claims there is a compelling government interest which validates the age limit for alcohol consumption. An example of this would be citizens who are 20 and not legally allowed to drink alcohol in the U.S., while those who are 21 are permitted to drink. Congress often has to pass legislation which deals with the classification the placement of restrictions on certain persons, either purposeful advantage or disadvantage. The three tiered test known as the Standards of Review has been adopted by the Supreme Court as a legal method to look at cases which come before them and deal with the Equal Protection Clause. ![]() No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. Section 1 of the Fourteenth Amendment is what has become referred to as the Equal Protection Clause and Due Process Clause and states:Īll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Constitution, it was adopted in 1868 as a response to the Civil War during the efforts of Reconstruction. As one of the most litigated portions of the U.S. One critical legal theory used by the Supreme Court is known as the Standards of Review, and is applied typically in civil litigation linked to the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. While political ideology inevitably affects the Supreme Court decisions in some capacity, there are set legal theories which the nine Justices follow to help them analyze the case based on the law, constitution, and facts. These cases are all incredibly important, but the large consensus does not make for high ratings. ![]() The hyper-partisan 5-4 votes are the cases which make headlines, but the reality is over 50% of all cases in the last term were unanimous 9-0 decisions. Many news pundits are quick to point to a partisan court divided between the conservatives and liberals as the main reason the court's approval rating has tumbled. ![]() Recent polls show the high court approval rating at new lows, with only 28% affirming the Supreme Court as doing a "good" or "excellent" job. Predicting the outcome of a case is nearly impossible, even when taking into account the assumed ideology of the nine Justices. The flurry of Supreme Court decisions at the end of the term tackled some of the most contentious social topics in our national dialogue, with much weight given to how the "conservative" or "liberal" justices voted.
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