A law classifies by race but does not involve a suspect class. What level of scrutiny applies to such a classification?

A law classifies by race but does not involve a suspect class. What level of scrutiny applies to such a classification?

• A. Rational basis
• B. Intermediate (heightened) scrutiny
• C. Strict scrutiny
• D. No judicial review is available for private classifications

Answer: (C)

Race-based classifications by the government trigger strict scrutiny. When a law or government action classifies people by race, it is treated as a suspect or highly sensitive classification, and the state must show a compelling interest to justify it and that the means chosen are narrowly tailored to achieve that interest. This standard is much more demanding than rational basis or intermediate scrutiny, and it applies even if the group isn’t traditionally viewed as a suspect class in every context. The government bears the burden to prove the law serves a compelling objective and that no less discriminatory means could achieve it. The option alleging no judicial review for private classifications isn’t appropriate here because the issue involves government action, which is subject to strict scrutiny when race is involved.

Race-based classifications by the government trigger strict scrutiny. When a law or government action classifies people by race, it is treated as a suspect or highly sensitive classification, and the state must show a compelling interest to justify it and that the means chosen are narrowly tailored to achieve that interest. This standard is much more demanding than rational basis or intermediate scrutiny, and it applies even if the group isn’t traditionally viewed as a suspect class in every context. The government bears the burden to prove the law serves a compelling objective and that no less discriminatory means could achieve it. The option alleging no judicial review for private classifications isn’t appropriate here because the issue involves government action, which is subject to strict scrutiny when race is involved.