Strict Scrutiny
Strict scrutiny is the most demanding form of judicial review commonly used by U.S. courts for certain constitutional classifications and restrictions on fundamental rights. The government generally must show that the challenged policy serves a compelling governmental interest and is narrowly tailored to achieve that interest. The precise test depends on the constitutional context and controlling precedent.
Strict scrutiny is the most demanding form of judicial review commonly used by U.S. courts for certain constitutional classifications and restrictions on fundamental rights. The government generally must show that the challenged policy serves a compelling governmental interest and is narrowly tailored to achieve that interest. The precise test depends on the constitutional context and controlling precedent.
Example: In Students for Fair Admissions v. Harvard (2023), the Supreme Court applied equal-protection principles to race-conscious admissions policies and held the challenged programs unlawful.
Common misconception: Strict scrutiny always produces the same result or automatically invalidates every policy reviewed under it. The court evaluates the government’s justification and the policy’s fit under the applicable legal standard.
Sources: https://www.govinfo.gov/content/pkg/USREPORTS-600/pdf/USREPORTS-600-181.pdf; https://constitution.congress.gov/