To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination .
What is strict scrutiny the most rigorous test that a legal classification can undergo?
To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination .
What falls under intermediate scrutiny?
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 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 is quasi suspect classification?
Quasi-suspect classification is a statutory classification established on gender or legitimacy . ... For example, a law permitting alimony for women and a law providing for an all male draft are quasi-suspect classification.
What is an example of intermediate scrutiny?
An example of a court using intermediate scrutiny came in Craig v. Boren, 429 U.S. 190 (1976) , which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review.
What are the types of scrutiny?
- Strict scrutiny.
- Intermediate scrutiny.
- Rational basis review.
What are the three 3 levels of test that are applied in equal protection cases?
Hence, the three (3) levels of analysis that demand careful calibration: the rational basis test, intermediate review, and strict scrutiny . Each level is typified by the dual considerations of: first, the interest invoked by the government; and second, the means employed to achieve that interest.
Is age a suspect classification?
The Supreme Court has not recognized age and gender as suspect classifications , though some lower courts treat gender as a suspect or quasi-suspect classification.
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 three tests of judicial scrutiny to determine the reasonableness of classifications?
Rational Basis Test Comparison
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test .
What is meant by suspect classification?
Definition. Suspect classification refers to a class of individuals that have been historically subject to discrimination .
Why is race a suspect classification?
A classification is called suspect because it is likely to be based on illegal discrimination . The clearest example of a suspect classification is race. History shows that most laws that use race as a way to classify people are based on racial discrimination and have no legitimate purpose.
Is wealth a suspect classification?
The Court in Rodriguez never declared that wealth was not a suspect classification . ... The Court disagreed, but not because it determined that wealth was not a suspect classification. Instead, the Court explained that the school financing system did not actually classify on the basis of wealth.
What are examples 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 cases use 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.
