Strict scrutiny

Definition

Strict scrutiny is the highest standard of judicial review used by courts when evaluating laws or policies that infringe upon fundamental rights or involve suspect classifications, such as race or religion. This rigorous test requires the government to prove that the law is narrowly tailored to achieve a compelling governmental interest and that no less restrictive means are available.

5 Must Know Facts For Your Next Test

1. Strict scrutiny applies primarily in cases involving First Amendment rights, equal protection under the Fourteenth Amendment, and other fundamental rights.
2. The government must demonstrate that the challenged law serves a compelling state interest, such as national security or protecting public health.
3. To pass strict scrutiny, the law must also be narrowly tailored, meaning it should not unnecessarily infringe on rights or discriminate more than necessary.
4. Laws subject to strict scrutiny are often struck down because the government struggles to meet both prongs of the test.
5. This standard is applied in landmark Supreme Court cases, including Brown v. Board of Education, where segregation was deemed unconstitutional under strict scrutiny.

Review Questions

• How does strict scrutiny differ from other standards of judicial review in terms of its requirements for government action?
  • Strict scrutiny differs from other standards, such as intermediate scrutiny or rational basis review, by placing a heavier burden on the government to justify its actions. Under strict scrutiny, the government must prove that the law serves a compelling interest and is narrowly tailored to achieve that goal. In contrast, intermediate scrutiny only requires an important government interest, while rational basis review allows for broader justifications, making strict scrutiny the most rigorous standard.
• Discuss the implications of strict scrutiny for laws that classify individuals based on race or religion.
  • When laws classify individuals based on race or religion, they are subject to strict scrutiny because these classifications are considered suspect. This means that any such law must demonstrate not only a compelling governmental interest but also that there are no less restrictive alternatives available. This high standard makes it difficult for governments to justify discriminatory laws, often resulting in such laws being struck down as unconstitutional.
• Evaluate how strict scrutiny has shaped legal outcomes in significant Supreme Court cases related to civil liberties.
  • Strict scrutiny has profoundly influenced legal outcomes in landmark Supreme Court cases by establishing a robust framework for protecting civil liberties. For example, in cases like Brown v. Board of Education and Loving v. Virginia, the application of strict scrutiny led to the overturning of racially discriminatory laws. These decisions highlight how the stringent requirements of strict scrutiny serve as a powerful tool for upholding individual rights and ensuring equality under the law, forcing governments to carefully consider their justifications for potentially harmful legislation.

Related terms

compelling interest: A fundamental governmental objective that is necessary to justify a law that infringes on constitutional rights.

narrowly tailored: A requirement that a law must specifically address the compelling interest without overreaching or being overly broad.

intermediate scrutiny: A standard of review that requires a law to further an important governmental interest in a way that is substantially related to that interest, used for cases involving gender and legitimacy.