Q: what do you mean by strict scrutiny in equal protection?
1. applies to
a. suspect classes
i. race
ii. national origin
iii. alienage (discrim. against aliens)
A) usually gets strict scrutiny
B) but gets mere rationality scrutiny if the discrimination “relates to a fx at the heart of representative govt”
b. things that impair fundamental rights
i. vote
ii. access the courts
iii. migrate interstate
iv. speech, press, religion, assembly, reap, interstate travel, privacy, abortion (we think after Casey), marriage, procreation, in-home porn, rt of acces to criminal trial
2. test: compelling state interest (usually fails this test)
3. only applies when the classification is intentional (will not be used when there is an incidental “as applied” effect of being discriminatory towards a suspect class)
4. affirmative action & programs that assist ppl based on suspect classes: get strict scrutiny if they do so in an explicitly race-conscious manner.
Are you a lawyer? Or, do you just knoooow the answer?
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