Legal Opinion · Dissent
Haney v. North Dakota Workers Compensation Bureau
North Dakota Supreme Court
Decided June 15, 1994No. Civ. 930324Published
1Dissent
RALPH J. ERICKSTAD, Surrogate Judge,
dissenting.
The majority of this court today rejects the majority opinion in Benson v. North Dakota Workmen’s Compensation Bureau, 283 N.W.2d 96 (N.D.1979), and applies the rational basis test to uphold the agricultural exclusion in the North Dakota Workers Compensation Act against an equal protection challenge. Because I am convinced the Benson rationale is even more supportable today than when Benson was decided, I respectfully dissent.
STANDARD OF REVIEW
This court has in the past applied three separate standards of review to equal protection claims: strict…
2Cases cited36 opinions
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
- Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
- Kadrmas v. Dickinson Public SchoolsSupreme Court of the United States · 1988
- Johnson v. HassettNorth Dakota Supreme Court · 1974
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