What is the test for assessing indirect burden or condition in the context of disability benefits?

California, United States of America


The following excerpt is from Committee To Defend Reproductive Rights v. Myers, 172 Cal.Rptr. 866, 20 ALR4th 1118, 29 Cal.3d 252, 625 P.2d 779 (Cal. 1981):

2 The majority suggests that the test of Bagley v. Washington Township Hospital Dist. (1966) 65 Cal.2d 499, 55 Cal.Rptr. 401, 421 P.2d 409, must be used to evaluate governmental benefit programs that restrict the exercise of a fundamental right through the imposition of an indirect burden or a condition. Since I find no constitutional distinction between direct burdens and indirect burdens or conditions (see post at pp. 888-890 of 172 Cal.Rptr., at p. ---- of --- P.2d), I would apply the traditional strict scrutiny standard.

Other Questions


Can a recipient of federal and state-funded disability benefits appeal against his disability benefits? (California, United States of America)
How has the court interpreted case law in assessing the burden of proving eligibility for a disability benefit? (California, United States of America)
In what circumstances will a plaintiff be denied disability income benefits under a group disability income policy? (California, United States of America)
Is it error for the trial court to fail to determine the unlawfulness of withholding disability benefits for failure to file a disability report form? (California, United States of America)
What is the penalty assessed for delays in preaward payments to temporary disability benefits? (California, United States of America)
What is the test for retroactive aid in the context of retroactive disability benefits? (California, United States of America)
How have assessments and restitution been assessed and/or assessed in a personal injury case? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context? (California, United States of America)
What is our guidance on procedural considerations in the context of a disability claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.