Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws . Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination.
Why is it important to have strict scrutiny?
Federal courts use strict scrutiny to determine whether certain types of government policies are constitutional . The U.S. Supreme Court has applied this standard to laws or policies that impinge on a right explicitly protected by the U.S. Constitution, such as the right to vote.
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.
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 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 are the types of scrutiny?
- Strict scrutiny.
- Intermediate scrutiny.
- Rational basis review.
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.
What is the difference between strict 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 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 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 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.
What are the three levels of scrutiny for laws that discriminate?
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 is skeptical scrutiny?
Skeptical scrutiny, as defined by Justice Ginsburg, favors the female sex only . ... Under skeptical scrutiny, no qualified individual may be denied an opportunity on the basis of his or her sex.
What is strict scrutiny AP Gov?
strict scrutiny. a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.
What is the reasonableness rule?
The reasonableness standard is a test that asks whether the decisions made were legitimate and designed to remedy a certain issue under the circumstances at the time . Courts using this standard look at both the ultimate decision, and the process by which a party went about making that decision.
