Madden v. Kentucky ex rel. Commissioner
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Other courts continued to apply Madden. Manufacturers Hanover Trust Co. v. United States addressed a gender-based classification, which Madden had not decided.
46 later cases cite Madden v. Kentucky ex rel. Commissioner; 46 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Madden v. Kentucky ex rel. Commissioner?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Questioned
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The Connecticut Superior Court questioned Madden's formulation of tax equal protection review while acknowledging that its deferential rule remained viable.
D.A. Pincus Co., Inc. v. Meehan · Connecticut Superior Court (unpublished) · filed
Madden, in comparison, retains considerable viability, but, at least to some extent, it is a product of its era as well. In recent years, the Supreme Court has articulated an equal protection approach to tax legislation that, while highly deferential, is on balance somewhat less overtly hostile to equal protection challenges than Madden. ... This standard, which focuses, with appropriate deference, on whether "the relationship of the classification to its goal is . . . so attenuated as to render the distinction arbitrary or irrational," is the governing standard in this case.
Read the full opinion on CourtListener →
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