Strict scrutiny
CLEP American Government, Chapter 24 Strict scrutiny Strict scrutiny is the most demanding principal standard of equal-protection review. It applies to express governmental racial classifications and to many laws that unequally burden a recognized fundamental right. Government must prove a compelling interest and show that the chosen means are narrowly tailored to that interest. Narrow […]
Intermediate scrutiny
CLEP American Government, Chapter 24 Intermediate scrutiny Intermediate scrutiny ordinarily governs government classifications based on sex. Government must offer an exceedingly persuasive justification: the objective must be important, and the sex classification must be substantially related to achieving it. This test demands evidence and fit rather than a merely plausible story. Broad assumptions that women […]
