What are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause?
Equal Protection Analysis After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
What are the 3 levels of scrutiny?
What Are The Levels of Scrutiny?Strict scrutiny.Intermediate scrutiny.Rational basis review.
What test is applied by the courts in cases related to suspect classifications?
Rational Basis TestRational Basis Test Comparison The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue.
What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible?
What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible? Reasonableness, inherently suspect, and the intermediate standard.
What is the equal protection test?
Equal Protection For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
What two tests does the high court use when deciding equal protection cases?
When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests.
What is the rational basis test used for?
A test used to determine whether a law or governmental regulation or action violates the equal protection clause. The rational basis test is used in most circumstances, such as reviewing economic regulations.
What is the intermediate scrutiny test?
Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is described in further detail in the next section).
What case used the rational basis test?
United States v. Windsor, Kadrmas v. Dickinson, and Plyler v. Doe are three notable examples of the application of the rational basis test by the Court.
What falls under intermediate scrutiny?
In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.
What is the heightened scrutiny test?
Heightened scrutiny is a standard of evaluation that US judges must meet in certain kinds of cases when a policy, rule, or law is brought to a court by someone who wishes to challenge it. It is one of three levels of scrutiny and is also known as intermediate scrutiny.
What does strict scrutiny apply to?
Strict scrutiny also is used when a law targets a specific religious faith. Strict scrutiny is the highest form of judicial review that courts use to evaluate the constitutionality of laws, regulations or other governmental policies under legal challenge.