Constitutional Law

Strict Scrutiny

Definition

Strict scrutiny is the most rigorous standard of judicial review, applied when the government classifies based on a suspect classification (race, national origin, alienage) or burdens a fundamental right. Under strict scrutiny, the government must demonstrate that the law serves a compelling governmental interest and is narrowly tailored to achieve that interest using the least restrictive means. Few laws survive strict scrutiny, earning it the nickname 'strict in theory, fatal in fact.'

Example

A state university's admissions policy uses racial quotas. Strict scrutiny applies, and the policy is unconstitutional unless narrowly tailored to a compelling interest like diversity.

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