What is the test for whether a state statute or regulation violates the fourteenth amendment?
MultiRegion, United States of America
The following excerpt is from Wakinekona v. Olim, 664 F.2d 708 (9th Cir. 1981):
It is of course the sole prerogative of the highest state court to determine the meaning of a state statute or regulation. Once that meaning is determined, however, it is a federal question whether the interest created by the state statute or regulation is to be accorded protection under the fourteenth amendment. Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1, 9, 98 S.Ct. 1554, 1560, 56 L.Ed.2d 30 (1978).
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