Economic legislation: when economic legislation does
not employ classifications subject to heightened scrutiny or impinge on
fundamental rights, courts generally view constitutional challenges with the
skepticism due respect for legislative choices demands. See, e.g., Hodel v.
Indiana, 452 U. S. 314, 331–332. And “in taxation, even more than in
other fields, legislatures possess the greatest freedom in classification.” Madden
v. Kentucky, 309 U. S. 83, 88. Of key importance, when unlawful
discrimination infects tax classifications or other legislative prescriptions,
the Constitution simply calls for equal treatment. How equality is
accomplished—by extension or invalidation of the unequally distributed benefit
or burden, or some other measure—is a matter on which the Constitution is
silent. See, e.g., Heckler v. Mathews, 465 U. S. 728, 740 (U.S.S.Ct.,
01.06.10, Levin v. Commerce Energy, J. Ginsburg).
Tuesday, June 1, 2010
Levin v. Commerce Energy
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