Race-conscious governmental programs must pass which standard of scrutiny?

Race-conscious governmental programs must pass which standard of scrutiny?

• A. Rational basis
• B. Intermediate scrutiny
• C. No scrutiny
• D. Strict scrutiny

Answer: (D)

Race-conscious governmental programs are treated as racial classifications, which are examined under strict scrutiny. This demanding standard requires the government to show a compelling interest for using race and to prove that the chosen means are narrowly tailored to achieve that objective and are the least restrictive available. In practice, that means the policy must address a very strong, legitimate goal (often tied to remedying past discrimination or achieving a critical public objective) and must be designed so race is necessary to achieve that goal, with no broader or less discriminatory alternative that would suffice. Rational basis is far too lenient for race-based measures, and intermediate scrutiny applies to sex-based classifications, not race.

Race-conscious governmental programs are treated as racial classifications, which are examined under strict scrutiny. This demanding standard requires the government to show a compelling interest for using race and to prove that the chosen means are narrowly tailored to achieve that objective and are the least restrictive available. In practice, that means the policy must address a very strong, legitimate goal (often tied to remedying past discrimination or achieving a critical public objective) and must be designed so race is necessary to achieve that goal, with no broader or less discriminatory alternative that would suffice. Rational basis is far too lenient for race-based measures, and intermediate scrutiny applies to sex-based classifications, not race.