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To: Torie
Give me an example of a sentencing disparity that was struck down that did not involve either a suspect class or a fundamental right.
275 posted on 06/29/2003 11:19:52 AM PDT by aristeides
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To: aristeides
One does not yet exist, that I know of. I think my post above suggested as much.
276 posted on 06/29/2003 11:20:57 AM PDT by Torie
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To: aristeides; Torie
That is reductio ad absurdum. Any given statute may be struck down if it fails rational basis review as well. If Kansas is able to establish a rational objective which requires the sentencing disparity, then the Kansas statute will get upheld.
279 posted on 06/29/2003 11:24:37 AM PDT by AntiGuv (™)
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