Strict Scrutiny

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Strict Scrutiny

A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy.

The strict scrutiny standard of judicial review is based on the equal protection clause of the Fourteenth Amendment. 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. The Court has also identified certain rights that it deems to be fundamental rights, even though they are not enumerated in the Constitution.

The strict scrutiny standard is one of three employed by the courts in reviewing laws and government policies. The rational basis test is the lowest form of judicial scrutiny. It is used in cases where a plaintiff alleges that the legislature has made an Arbitrary or irrational decision. When employed, the Rational Basis Test usually results in a court upholding the constitutionality of the law, because the test gives great deference to the legislative branch. The heightened scrutiny test is used in cases involving matters of discrimination based on sex. As articulated in Craig v. Boren, 429 U.S. 190, 97 S. Ct. 451, 50 L. Ed. 2d 397 (1976), "classifications by gender must serve important governmental objectives and must be substantially related to the achievement of those objectives."

Strict scrutiny is the most rigorous form of judicial review. The Supreme Court has identified the right to vote, the right to travel, and the right to privacy as fundamental rights worthy of protection by strict scrutiny. In addition, laws and policies that discriminate on the basis of race are categorized as suspect classifications that are presumptively impermissible and subject to strict scrutiny.

Once a court determines that strict scrutiny must be applied, it is presumed that the law or policy is unconstitutional. 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. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.

The case of roe v. wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), which invalidated state laws that prohibited Abortion, illustrates the application of strict scrutiny. The Court held that the right to privacy is a fundamental right and that this right "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." Based on these grounds, the Court applied strict scrutiny. The state of Texas sought to proscribe all abortions and claimed a compelling State Interest in protecting unborn human life. Though the Court acknowledged that this was a legitimate interest, it held that the interest does not become compelling until that point in pregnancy when the fetus becomes "viable" (capable of "meaningful life outside the mother's womb"). The Court held that a state may prohibit abortion after the point of viability, except in cases where abortion is necessary to preserve the life or health of the mother, but the Texas law was not narrowly tailored to achieve this objective. Therefore, the state did not meet its Burden of Proof and the law was held unconstitutional.


Civil Rights; Equal Protection; Sex Discrimination; Voting.

References in periodicals archive ?
442) In other words, although courts have used outdated language to describe the strict scrutiny test of the dormant Commerce Clause, they have nevertheless been applying strict scrutiny much as a court would in an Equal Protection case, which indicates that applying intermediate scrutiny to allegedly discriminatory statutes would constitute more than a semantic shift from precedent.
For after all, if a law can be persuasively cast as narrowly drawn, even the application of the strict scrutiny test might not be enough to ensure that a speech-restrictive law is struck down.
Such laws therefore should be evaluated under a slightly modified version of the First Amendment's strict scrutiny test.
From 1963 to 1990, the familiar strict scrutiny test of Sherbert v.
The Court offered no judgment on whether the Subcontracting Compensation Clause (SCC) met the strict scrutiny test in Adarand.
Writing for the majority, Justice O'Connor confirmed that in accordance with the Court's previous decisions, affirmative action was only permitted under the Equal Protection Clause and Title VI if an institution could satisfy the strict scrutiny test (Grutter v.
The court found that the strict scrutiny test set forth in the Religious Land Use and Institutionalized Persons Act (RLUIPA) was not required because there was no showing that the prison was receiving federal funding, or that the burden imposed on the inmate affected interstate commerce.
New Jersey's antidiscrimination statute, the Court held, could not be applied to the Boy Scouts without satisfying a strict scrutiny test (which, the Court went on to hold, the statute failed).
The strict scrutiny test is the most exacting judicial inquiry that exists in the law (see box, page 24).
In this case, the court applied the strict scrutiny test to higher education admission policy and found "no compelling justification, under the Fourteenth Amendment or Supreme Court precedent, that allows [the University of Texas] to continue to elevate some races over others, even for the wholesome purpose of correcting perceived racial imbalance in the student body.
The Court reviewed prior free exercise case law and concluded that the strict scrutiny test never had been applied to free exercise cases generally; instead, it had been limited to unemployment compensation cases and cases alleging that another constitutional right, in addition to the right of free exercise of religion, was violated by the government's action (so-called "hybrid claims").
Since the Croson decision, which ruled that the strict scrutiny test applies to all racial classifications created by state and local governments, cities and towns have been anxiously reconsidering their minority setaside programs.