Strict scrutiny definition3/7/2023 ![]() ![]() The test will be met even if there is another method that is equally the least restrictive. The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interest. If the government action encompasses too much ( overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored. The law or policy must be narrowly tailored to achieve that goal or interest. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. To pass strict scrutiny, the law or policy must satisfy three tests: It must be justified by a compelling governmental interest. courts apply the strict scrutiny standard in two contexts, when a fundamental constitutional right is infringed, particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the "liberty" or "due process" clause of the 14th Amendment, or when a government action applies to a " suspect classification" such as race or, sometimes, national origin. 3 De jure versus de facto discrimination.Statutes and policies that are subjected to strict scrutiny often but not always fail to meet it. United States (1944), in which the Court upheld the exclusion of Japanese Americans from designation areas during World War II. The first and most notable case in which the Supreme Court applied the strict scrutiny standard and found the government actions valid was Korematsu v. Carolene Products (1938), one of a series of decisions testing the constitutionality of New Deal legislation. Supreme Court decision in United States v. The notion of "levels of judicial scrutiny", including strict scrutiny, was introduced in footnote 4 of the U.S. These standards are used to test statutes and government action at all levels of government within the United States. The lesser standards are rational basis review and exacting or intermediate scrutiny. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. Strict scrutiny is the most stringent standard of judicial review used by United States courts. Unsourced material may be challenged and removed. Please help improve this article by adding citations to reliable sources. ![]() This article needs additional citations for verification.
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