#STRICT SCRUTINY VS RATIONAL BASIS FREE#
Regards this Court as free to evaluate everything under the sun byĪpplying one of three tests: 'rational basis' scrutiny, On the basis of our current equal protection jurisprudence, which Shall devote most of my analysis to evaluating the Court's opinion 267, 274 (1986))Įxplanation of the Court's application of its standards of scrutiny. For example,īy a compelling state purpose and whether the means chosen toĪccomplish that purpose are narrowly tailored." Governmental purpose, objective, or interest. "narrowly tailored" to the accomplishment of the The means to achieve the purpose, objective, or interest is reviewed to determine if it is Interest may be referred to as "compelling." Strict in theory but fatal in fact because few governmental programs Substantially related to achievement of those objectives. ForĪ number of considerations - developed in gender discriminationĬases but which carry even more force when applied to racialĬlassifications - lead us to conclude that racial classificationsĭesigned to further remedial purposes ' must serve important governmental objectives, and must be To the accomplishment of the governmental purpose or interest. Is reviewed to determine if it is "substantially related" "important." The means to achieve the interest The governmental purpose, objective, or interest may be referred to as Scrutiny is a more thorough analysis than rational scrutiny.
Of the cases in this article are reviewed under rational Related to a legitimate governmental purpose." ( Cleburne
Withstand equal protection review, legislation that distinguishesīetween the mentally retarded and others must be rationally Related" to the accomplishment of the governmental purpose, Interest is reviewed to determine if it is "rationally To as "legitimate." The means to achieve the The governmental purpose or interest may be referred Rational standard of scrutiny is the least thorough standard of Below is a brief explanation of these standards. In many cases, a Justice will use certain key words that can Second is an analysis of the means the government uses toįulfill the purpose, objective, or interest. Program serves a valid purpose, objective, or interest. First, there is a determination of whether the governmental Include a two-part analysis of a governmental program. Standards are called rational, intermediate, and strict scrutiny. Review to cases involving equal protection issues. Supreme Court applies three standards of scrutiny or levels of
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