![]() ![]() ![]() Nonetheless, this Court’s definition of affirmative action that satisfied its view of strict scrutiny has left the policy without any sustainable means to survive. Further Readingįor more on suspect classifications, see this Seattle University Law Review article and this St. The use of strict scrutiny has been important to protect the interest of everyone. In determining whether someone deserves to be considered within a suspect classification, a court will look at whether the person is a "discrete and insular minorit." In determining whether someone is a discrete and insular minority (and thus the person's claim deserves strict scrutiny), courts will look at a variety of factors, including but not limited to whether the person has an inherent trait, whether the person has a trait that is highly visible, whether the person is part of a class which has been disadvantaged historically, and whether the person is part of a group that has historically lacked effective representation in the political process. ![]() In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged. Strict scrutiny To satisfy the strict scrutiny, suspect classifications such as race, alienage, or national origin must be necessary to promote a compelling state interest when there is no less restrictive alternative method available to accomplish the government (states) interest. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). Determining a Suspect Classification "Discrete and insular minorities" constitutional law, is the second level of deciding issues using judicial review. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. If, however, the government classification does single out a suspect class, the Court will probably give the action what is known as Strict Scrutiny, or. Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. Strict scrutiny is used to establish whether there is a compelling need that justifies the law being enacted, Merriam Websters New World Law Dictionary, Wiley. Suspect classification refers to a class of individuals that have been historically subject to discrimination. Their behavior has come under scrutiny again. ![]()
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