The appointment of "midnight justices" led to the case which instituted this practice.
The "rational basis" level of this doctrine was introduced in footnote 4 of Carolene Products. Hugo Black introduced the highest level of this doctrine as a way to defend "suspect classes" in Korematsu v. US. This doctrine, which is tiered into intermediate and strict scrutiny, is implied by the phrase "made in pursuance" in the (*) Supremacy Clause. The appointment of "midnight justices" led to the case which instituted this practice. John Marshall instituted this practice by striking down part of the Judiciary Act of 1789 in Marbury v. Madison. For 10 points, name this legal doctrine which gives the US Supreme Court the power to rule a law unconstitutional.
The "rational basis" level of this doctrine was introduced in footnote 4 of Carolene Products.
judicial review [prompt on review; accept judicial scrutiny before it is read]