Which constitutional standard is applied when a law targets a suspect class?

Which constitutional standard is applied when a law targets a suspect class?

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

Answer: (C)

When a law targets a suspect class such as race or national origin, the courts apply strict scrutiny. This is the toughest level of review. The government must show a compelling interest behind the law and prove that the law is narrowly tailored to achieve that interest using the least restrictive means. In practice, that means the law must be essential to achieving a compelling objective and there must be no equally effective alternative that would burden the suspect class less. The burden rests on the government to justify both elements; if either fails, the law is struck down. For contrast, rational basis is a deferential standard used for ordinary classifications, intermediate scrutiny handles gender and certain classifications, and “no scrutiny” isn’t a recognized standard in constitutional testing.

When a law targets a suspect class such as race or national origin, the courts apply strict scrutiny. This is the toughest level of review. The government must show a compelling interest behind the law and prove that the law is narrowly tailored to achieve that interest using the least restrictive means. In practice, that means the law must be essential to achieving a compelling objective and there must be no equally effective alternative that would burden the suspect class less. The burden rests on the government to justify both elements; if either fails, the law is struck down. For contrast, rational basis is a deferential standard used for ordinary classifications, intermediate scrutiny handles gender and certain classifications, and “no scrutiny” isn’t a recognized standard in constitutional testing.