What is the test for a federal judge to uphold a state's decision not to enforce an anti-pregnancy law?
MultiRegion, United States of America
The following excerpt is from Perry v. Brown, 12 Cal. Daily Op. Serv. 1550, 2012 Daily Journal D.A.R. 1705, 671 F.3d 1052 (9th Cir. 2012):
McGowan v. Maryland, 366 U.S. 420, 42526, 81 S.Ct. 1101, 6 L.Ed.2d 393 (1961). A law must be upheld unless the government's judgment is clearly wrong, a display of arbitrary power, [or] not an exercise of judgment. Mathews v. DeCastro, 429 U.S. 181, 185, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976).
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