The article examines the court rulings that have addressed the constitutionality of the fee cap. The author gives a detailed analysis of the different levels of constitutional scrutiny available to challenge statutes. Even under the standard most favorable to the government, the author convincingly concludes that the fee cap is not rationally related to any legitimate governmental interest.
Any attorney challenging the constitutionality of 42 U.S.C. § 1997e(d) will find the article useful, both for research purposes as well as to persuade any reviewing courts. See: 73 Temple Law Review 759 (2000). To order the article contact: Temple Law Review, (215) 204-7868.
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