Overinclusive and underinclusive

Definition

A law is overinclusive when it covers more people or situations than necessary to achieve its purpose, and underinclusive when it fails to cover people or situations that present the same concerns. Both are relevant when courts evaluate whether a law is properly tailored to its stated goals.

Examples

• •The petitioner argued SB1 is overinclusive because it bans treatment even when it is medically necessary for an individual patient, and underinclusive because it leaves the same medications unregulated for other uses that pose comparable risks.

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