strict scrutiny

     

Strict scrutiny is the secon most stringent standard of judicial review used by United States courts reviewing federal law (the most exacting standard, "super strict scrutiny," is used to review prior restraints outside of the Near v. Minnesota exception). Along with the lower standards of rational basis review and intermediate scrutiny, strict scrutiny is part of a hierarchy of standards courts employ to weigh an asserted government interest against a constitutional right or policy that conflicts with the manner in which the interest is being pursued. Strict scrutiny is applied based on the constitutional conflict at issue, regardless of whether a law or action of the U.S. federal government, a state government, or a local municipality is at issue. It arises in two basic contexts: when a "fundamental" constitutional right is infringed, particularly those listed in the Bill of Rights; or when the government action involves the use of a "suspect classification" such as race or national origin that may render it void under the Equal Protection Clause. These are the two applications that were anticipated in footnote 4 to United States v. Carolene Products.

Found pages about strict scrutiny

Users that searched for strict scrutiny