What is an example of strict scrutiny?
Asked by: Kamille Kuhic | Last update: February 2, 2026Score: 5/5 (74 votes)
An example of strict scrutiny is a court reviewing a law that restricts speech based on its content (like banning certain viewpoints) or a law that discriminates by race, requiring the government to prove it serves a compelling interest (like national security) and is narrowly tailored (the least restrictive means), a test laws rarely pass, such as invalidating a ban on burning the U.S. flag as protected speech or striking down anti-miscegenation laws.
What is an example of a strict scrutiny test?
Some examples of laws that meet the strict scrutiny standard are: laws that prohibit discrimination on the basis of race, sexual preference, religion, or national origin. laws that protect free speech and freedom of assembly. laws that allow for search and seizure without a warrant.
What are examples of scrutiny?
A scrutiny example involves a politician's finances facing close media and public examination, a scientific theory undergoing rigorous peer review and data checking, or a detective carefully inspecting a crime scene for tiny clues; it's any detailed, critical inspection to find flaws or gain deep understanding, often when something is under suspicion or requires validation.
Did Lawrence v. Texas use strict scrutiny?
However, Justice Scalia attempted to distinguish between this case and Loving by arguing that, in Loving, the court used a heightened level of review (called strict scrutiny) but that in Lawrence the majority used less severe level of review (rational basis).
What are examples of intermediate scrutiny?
For example the court applied similar exacting intermediate scrutiny when ruling on sex-based classifications in both J.E.B. v. Alabama (concerning specific strikes against male jurors during jury composition) and United States v. Virginia (concerning male-only admission to the Virginia Military Institute).
When do Courts Apply Strict Scrutiny?
Who decides if strict scrutiny applies?
The Supreme Court has established standards for determining whether a statute or policy must satisfy strict scrutiny.
What is strict scrutiny in substantive due process?
A court usually applies strict scrutiny to government actions that affect fundamental rights, which means that the government must show that its action furthered a compelling interest and was narrowly tailored to achieve that interest.
Did Roe v. Wade use strict scrutiny?
The Court said that as a fundamental right, any limitations on abortion must meet the standards of strict scrutiny. This meant that there must have been “compelling state interest” in regulating abortions, and the legislation must have been narrowly tailored to meet this “compelling” state interest.
What is strict scrutiny quizlet?
The strict scrutiny test is used to determine the legality of differential treatment based on a suspect classification (race, ethnic origin, religion). The heightened, or intermediate, scrutiny test is used to determine the legality of sex-based discrimination.
What groups qualify for strict scrutiny on discrimination?
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
How do you use strict scrutiny in a sentence?
The lawyer argued that the new law should be subjected to strict scrutiny due to its impact on a fundamental right.
What are 5 examples of sentences?
The verb of the sentence is in red.
- I'm happy.
- She exercises every morning.
- His dog barks loudly.
- My school starts at 8:00.
- We always eat dinner together.
- They take the bus to work.
- He doesn't like vegetables.
- I don't want anything to drink.
What is strict scrutiny of civil rights?
Strict scrutiny is the most stringent test courts typically apply and is reserved for laws that restrict the most fundamental rights. Sometimes a state constitution will specify that a right is fundamental, but often it is left to state courts to determine whether a particular state constitutional right qualifies.
Who is on strict scrutiny?
Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities.
What type of speech triggers strict scrutiny?
Typically, laws that regulate speech based on its content (i.e., its subject matter, topic, or viewpoint) receive strict scrutiny, except for regulations of commercial speech (e.g., product advertisements), which typically receive intermediate scrutiny.
Does strict scrutiny apply to gender?
In general, discriminatory laws need only be rationally related to a legitimate state interest to pass muster, however, certain classes of individuals are granted the much greater protection of strict scrutiny. Sex is one of those classes which are afforded strict scrutiny.
What is an example of a strict scrutiny case?
The court used to apply a form of strict scrutiny more frequently in free exercise clause cases, such as Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972), but the court changed the standard in free exercise clause cases in Employment Division v. Smith (1990).
How do you pass strict scrutiny?
To pass the strict scrutiny test, a law must be narrowly tailored to serve a compelling government interest. The same test applies whether the racial classification aims to benefit or harm a racial group. Strict scrutiny also applies whether or not race is the only criteria used to classify.
What are the three types of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
Who actually overturned Roe versus Wade?
The U.S. Supreme Court, in the case of Dobbs v. Jackson Women's Health Organization on June 24, 2022, actually overturned Roe v. Wade, eliminating the federal constitutional right to abortion and returning abortion policy to individual states, with a majority opinion written by Justice Samuel Alito. The decision was supported by Justices Thomas, Gorsuch, Kavanaugh, and Barrett, with Chief Justice Roberts concurring in the judgment but not the reasoning, while Justices Breyer, Sotomayor, and Kagan dissented.
Did Planned Parenthood v Casey apply strict scrutiny?
Declining to overturn Roe in its entirety, the Justices reaffirmed what they char- acterized as its central holding: “a State may not pro- hibit any woman from making the ultimate decision to terminate her pregnancy before viability.” The Justices did not apply the strict scrutiny test, however.
What test was used in Roe v. Wade?
Second, Roe held that, as with other fundamental rights, restrictions on the right to abortion were subject to the most stringent level of constitutional review, often called “strict scrutiny.” This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest.
Is strict scrutiny fatal in fact?
This prompted the Supreme Court justices to counter, in at least eleven individual and majority opinions, that strict scrutiny was not "strict in theory, but fatal in fact." So long as the government met its burden - albeit a highly demanding one - the Court would uphold the government action as constitutional.
What are examples of due process violations?
Due process violation examples include not getting notice of charges, being denied a fair hearing, having a biased judge, prosecutors hiding evidence, using coerced confessions, unreasonable delays in legal proceedings, denial of legal counsel, or being deprived of property without a chance to contest it, highlighting failures in fair procedures (procedural due process)**, and in some cases, government actions infringing fundamental rights like marriage or child-reiving (substantive due process).
What are the three types of judicial review?
The three main types of judicial review standards (or levels of scrutiny) in U.S. constitutional law are Strict Scrutiny, Intermediate Scrutiny, and the Rational Basis Test, determining how closely courts examine government actions, with strict scrutiny being the highest and rational basis the lowest, affecting burdens of proof and deference to the legislature. Alternatively, in UK administrative law, the grounds for judicial review are often categorized as Illegality, Procedural Unfairness, and Unreasonableness (Irrationality).