Until recently, we haven't had a precise way to define it:
"The challenge for reformers, however, is that the courts need a judicial standard, which is different from a mere scientific standard. A judicial standard must be judicially discernible — it has to be derived from a specific right given in the Constitution. It also has to be judicially manageable — it needs to provide courts with clear guidance on how to rule." [1]
This judicial standard is what is being proposed to the Court in an ongoing case concerning Washington. (It derives from Equal Protection and the First Amendment.)
Until recently, we haven't had a precise way to define it:
"The challenge for reformers, however, is that the courts need a judicial standard, which is different from a mere scientific standard. A judicial standard must be judicially discernible — it has to be derived from a specific right given in the Constitution. It also has to be judicially manageable — it needs to provide courts with clear guidance on how to rule." [1]
This judicial standard is what is being proposed to the Court in an ongoing case concerning Washington. (It derives from Equal Protection and the First Amendment.)
[1] https://www.washingtonpost.com/news/monkey-cage/wp/2017/02/0...