To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest
What does intermediate scrutiny apply to?
Intermediate scrutiny
is a test courts
will use
to determine a statute's constitutionality. … To pass
intermediate scrutiny
, the challenged law must: further an important government interest. and must
do
so by means that are substantially related to that interest.
What is an example of strict scrutiny?
During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny
to strike down Virginia's law banning interracial marriage
.
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny,
strict scrutiny, intermediate scrutiny, or rational basis scrutiny
, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
Does strict scrutiny apply to gender?
Under strict scrutiny,
the government has a difficult burden to meet
, while under rational basis, most laws will be upheld. The Supreme Court has refused to make sex a suspect classification, but it did not impose the rational basis test on matters involving sex discrimination.
What are the five parts of strict scrutiny?
Equal Protection
For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include
race, national origin, religion, and alienage
.
What cases require strict scrutiny?
Courts typically apply the strict scrutiny test when there is substantial interference with a fundamental right. The test is often applied in cases
involving discrimination based on race or gender
and may also apply in cases where people have been deprived of core rights such as the right to vote.
What is the difference between strict scrutiny intermediate scrutiny and rational basis?
The intermediate scrutiny test and the strict scrutiny test are
considered more stringent than the rational basis test
. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue. The rational basis test is also referred to as “rational review.”
What is an example of rational basis scrutiny?
For example,
laws that affect persons on account of their race
, a “suspect class,” are subject to strict scrutiny and must be justified by the government with a compelling reason.
What are the three levels of scrutiny under the Equal Protection Clause?
Equal Protection Analysis
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as
strict scrutiny, intermediate scrutiny, and rational basis scrutiny
.
What level of scrutiny is disability?
Intellectual disability was therefore found to be a quasi-suspect classification, and the Fifth Circuit applied an
intermediate level of scrutiny
.
What are the types of scrutiny?
- Strict scrutiny.
- Intermediate scrutiny.
- Rational basis review.
What does scrutiny mean in law?
Legal Definition of scrutiny
:
searching study or inquiry specifically
: judicial investigation of the constitutionality of a statutory classification of persons under the equal protection clause of the U.S. Constitution — see also intermediate sense 2, strict scrutiny — compare rational basis test.
Where did strict scrutiny come from?
The notion of “levels of judicial scrutiny”, including strict scrutiny, was introduced
in Footnote 4 of the U.S. Supreme Court decision in United States v. Carolene Products Co. (1938)
, one of a series of decisions testing the constitutionality of New Deal legislation.
Who has the burden of proof in strict scrutiny?
The government
has the burden of proving that its challenged policy is constitutional. To withstand strict scrutiny, the government must show that its policy is necessary to achieve a compelling state interest.
What is the minimum rationality test?
What is the Minimum Rationality standard for Constitutional Review? This standard, also known as the Rational Basis Standard of Review, requires that
a law have a rational connection to a permissible state end (a legitimate goal of the government) to be Constitutional
.
