Define: Strict Scrutiny

Strict scrutiny is a legal standard used by courts to evaluate the constitutionality of laws or government actions that potentially infringe upon fundamental rights or discriminate against certain protected classes.

Strict scrutiny is applied when a law or government action involves a suspect classification (such as race or national origin) or infringes upon a fundamental right (such as freedom of speech or religion).

The purpose of strict scrutiny is to ensure that laws or government actions that potentially infringe upon fundamental rights or discriminate against protected classes are necessary to achieve a compelling government interest and are narrowly tailored to achieve that interest.

For a law to be narrowly tailored, it means that it must be specifically designed to achieve the government’s compelling interest and must not be overly broad or burdensome on individuals’ rights.

The compelling government interest requirement means that the government must have a highly important or essential reason for enacting a law that potentially infringes upon fundamental rights or discriminates against protected classes.

In general, laws that discriminate against a protected class are unlikely to pass strict scrutiny unless the government can demonstrate a compelling interest and show that the law is narrowly tailored to achieve that interest.

If a law fails strict scrutiny, it is considered unconstitutional and cannot be enforced. The court may strike down the law or require the government to modify it to meet the strict scrutiny standard.

There are no categorical exceptions to the strict scrutiny standard. However, the courts may apply a lower level of scrutiny, such as intermediate scrutiny, in certain cases involving laws that discriminate based on gender or legitimacy.

Strict scrutiny is generally applied to government actions or laws. However, in some cases, the courts may apply a similar heightened scrutiny standard to certain non-governmental actions that significantly impact fundamental rights or discriminate against protected classes.

Strict scrutiny is the highest level of scrutiny applied by courts, and it requires the government to meet a very high burden of justification. Other standards of review, such as rational basis or intermediate scrutiny, have lower burdens of justification and are applied in different types of cases.