Tell Me About Strict Scutiny
What is this crazy thing called strict scrutiny???
Strict scrutiny is a form of judical review that the court use to determine if a law is constitutional or unconstitutional. Mostly, this concept is used in cases of discrmination, when someone is being treated uneuqual for whatever reason, such as race, gender or even how their sexuality. For the court to be able to use strict scrutiny in a case, the legislature first has to have passed the law to further a “compelling government interest” and must be tailored to achieve that interest. If the government is committing discrimination against someone, the highest standard of review that the court will use will in fact be strict scrutiny. Aside from this, there is also intermediate scrutiny, and rational basis review. But well stick to just one for now!!
Earlier I mentioned that strict scrutiny is used in discrimination cases, or rather, an equal protection claim, becuase that’s out right!!! We have the right to equal protection under the fourteenth amendment. SO, lets have something like strict scrutiny to help protect that right. If a state passes a law that infringes on one of our fundamental rights, or even involved suspect classification, the court can invoke strict scrutiny. These classifications include nationality, religion, alienage and race.
Strict scrutiny can also extend beyond equal protection. The application of this term can be based on speech as well. The Supreme Court has also refused to apply this term to gun regulations, which leaves the second amendment basically open ended.
Finally, lets cover a case where this is used!!!
In 1958, two Virginia residents got married. A black woman named Mildred Jeter, and a white man named Richard Loving, but back then in the state of Virginia there was an antimiscegenation law by leaving the state to marry with the intent to return. The couple was charged and plead guilty serving a year in jail. They sued on the grounds that this law violated the equal protection clause of the fourteenth amendment. The court applied strict scrutiny to this case based on discrimination and it was determined that the Virginia law did violate the fourteenth amendment, which hey, violates the Constitution, and that’s not cool. The couple won the case in a 9–0 vote, and their convictions were reversed. It’s pretty cool to have something like strict scrutiny to help us out when we need it! Hurray for equal rights!
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