In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achi… WebMar 27, 2024 · While rejecting the strict scrutiny standard, the court in Craig v. Boren adopted an “intermediate scrutiny” standard somewhere between the strict scrutiny standard and the rational-basis test. Under this new intermediate standard, classifications based upon gender must be substantially related to an important governmental interest.
Section 1983: Equal Protection Claims Practical Law - Westlaw
WebNov 10, 2024 · The rational basis test is one of three judicial review tests. In addition to the rational basis test, the courts also use the intermediate scrutiny test and the strict … WebStrict scrutiny is the highest level of judicial review. Under it, the government must advance a compelling, or extremely important interest, often advanced in the least-speech restrictive way possible. Under intermediate scrutiny, government must show a substantial government interest nitpicker\\u0027s patch翻译
Levels of Scrutiny Subscript Law
WebSep 23, 2024 · Strict scrutiny is used if the classification involves a fundamental right under the Bill of Rights or under the Due Process Clause. It is also applied when a law or … WebReed, 404 U.S. 71 (1971), the Supreme Court for the first time invalidated a gender classification, but the Court professed to apply only rational basis review. In Frontiero v. Richardson, four justices took the position that gender classifications should be subjected to strict scrutiny. Finally, in 1976, in Craig v. WebAfter proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny. nitpicker\u0027s speciality