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Topic: Strict scrutiny

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	Censorware: Legal: Loudoun
		Relatively few laws survive strict scrutiny; the test is harsh enough that very few government actions restricting speech pass it, since few policy-makers take into consideration the hurdles that must be met before speech can be restricted.
		Judge Brinkema confirmed that strict scrutiny was the appropriate test of the Loudoun use of censorware.
		The board claimed that its policy should survive strict scrutiny because it was narrowly tailored to serve a compelling interest.
	censorware.net /legal/loudoun (2332 words)

	Tamara Binns
		This level of scrutiny is normally used to see if there is a general relationship between the regulation and the articulated purpose of the government even if there is a member of the burdened class that is an exception.
		When a classification does not meet the criteria to be labeled suspect and is not entitled to strict scrutiny then it must use a heightened or intermediate level of scrutiny, this, in turn, gives that particular group a quasi-suspect status.
		It further held that since strict scrutiny is only applied when a law discriminates against a suspect characteristic and homosexuals are not a suspect class, the Navy policy is subject to rational basis standard of review as it applies to equal protection.
	www.xula.edu /xulanexus/issue1/Binns.html (4735 words)

	Adarand: Strict Scrutiny - The Parameters
		Sometimes it is referred to as strict in theory but fatal in fact because few governmental programs survive strict scrutiny.
		Strict scrutiny, we have said, is reserved for state 'classifications based on race or national origin and classifications affecting fundamental rights,' Clark v.
		Since the strict scrutiny analysis appears to be controlling at the moment for race- or ethnic-based classifications, a framework for the analysis is provided below.
	www.wifcon.com /analadarscrutiny.htm (2498 words)

	SSRN-Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts by Adam Winkler
		Reporting the results of a census of every strict scrutiny decision published by the district, circuit, and Supreme courts between 1990 and 2003, this study shows that strict scrutiny is far from the inevitably deadly test imagined by the Gunther myth and more closely resembles the context-sensitive tool described by O'Connor.
		Rather than fatal in fact, strict scrutiny is survivable in fact, and is so across constitutional doctrine: 27% of suspect classifications, 22% of free speech restrictions, 24% of fundamental rights infringements, 33% of freedom of association burdens, and 59% of religious liberty burdens adjudicated under strict scrutiny survive.
		Surprisingly, however, strict scrutiny has become more fatal in the years since Adarand declared the standard to be survivable (from 40% in the early 1990s to 20% in the early 2000s).
	papers.ssrn.com /sol3/papers.cfm?abstract_id=897360 (587 words)

	PETITIONER v. FEDERICO PENA
		Thus, strict scrutiny is the proper standard for analysis of all racial classifications, whether imposed by a federal, state, or local actor.
		Indeed, the purpose [*49] of strict scrutiny** is to 'smoke out' illegitimate uses of race by assuring that the legislative body is pursuing a goal important enough to warrant use of a highly suspect tool.
		Strict scrutiny does not "treat dissimilar race-based decisions as though they were equally objectionable," post, at 245; to the contrary, it evaluates carefully all governmental race-based decisions in order to decide which are constitutionally objectionable and which are not.
	aaweb.lsu.edu /ELRC7890_004/PETITIONER.htm (13902 words)

	Codex-Online, legal international information covering europeen and international law
		Strict scrutiny requires the state to show that the challenged law furthers a compelling interest and is narrowly tailored to serve that interest, and that there are no alternative options for regulation that would be less restrictive of constitutional rights.
		The Court applied strict scrutiny and struck down Hialeah's ordinance on the ground that it was hostile to a particular religious group.
		Once the Court decided not to apply strict scrutiny, the result was clear: The State of Washington's program, including its exemption for the study of theology, would survive.
	www.codex-online.com /codex/contents.nsf/vWebAccessDocuments/40A70F83A2EC15E1C1256E4B002DAE1C?OpenDocument (1852 words)

	230 See McElrath v
		Applying the standard of strict scrutiny, the district court held that, although increasing girls' participation in sports did constitute a compelling interest, requiring separate teams for boys and girls in all contact sports was not the least restrictive means of furthering this interest.
		Strict scrutiny must be applied to gender-based classifications under the Equal Protection Clause of the Florida Constitution, because Florida's recent adoption of an equal rights amendment shows that the people intended to treat gender as a suspect class, subject to strict scrutiny.
		Strict scrutiny must be applied to the gender-based classification in the athletic conference rule, because a recent amendment to the Florida Constitution has elevated education to the status of a fundamental right.
	www.fcsl.edu /academics/journal/volumetwo/faraone.htm (13880 words)

	CL&M -- Supreme Court Should Expand Commercial Speech Protection
		Strict scrutiny is the test best suited to protect advertising against increasing government attempts to justify censorship "for the protection of children." Existing decisions suggest that Justices Kennedy and Breyer will be the key antagonists in this coming test of First Amendment standards.
		Even when he writes in a strict scrutiny case, Justice Breyer's concept of that standard is not "strict" at all.
		Under strict scrutiny, the protection of children from indecent adult material has not led the Court to abandon its long standing refusal to reduce the level of adult discourse to that suitable for a sandbox.
	www.clm.com /pubs/pub-979740.html (1831 words)

	Appendix B
		Under strict scrutiny, it is uncertain whether and in what settings diversity is a permissible goal of affirmative action beyond the higher education context.
		Applying strict scrutiny, the Court held that (a) the Richmond MBE program did not serve a "compelling interest" because it was predicated on insufficient evidence of discrimination in the local construction industry, and (b) it was not "narrowly tailore d" to the achievement of the city's remedial objective.
		Some of those opinions indicate that even under strict scrutiny, Congress does not have to make findings of discrimination with the same degree of precision as a state or local government, and that Congres s may be entitled to some latitude with respect to its selection of the means to the end of remedying discrimination.
	clinton4.nara.gov /WH/EOP/OP/html/aa/ap-b.html (11531 words)

	Calgunlaws.com - HOW THE RIGHT TO BEAR ARMS SHOULD BE IMPLEMENTED: (Danger: Legalese ahead.)
		The difficulty with this argument is that strict scrutiny is not the test applicable to all constitutionally protected rights.
		Strict scrutiny applies only to (1a) content-based restrictions or (1b) content-neutral restrictions that fail to leave open ample alternative channels, and then only if (2) the restrictions apply to speech that's outside the First Amendment exceptions.
		Equal protection -- classifications based on sex: Ostensibly intermediate scrutiny, though in recent years phrased as something close to strict scrutiny, except in certain areas where there are significant biological differences between the genders, and possibly in other areas (such as military service) as well.
	www.calgunlaws.com /article-375.html (801 words)

	The Supreme Court Historical Society
		Drawing on criticism of the intermediate scrutiny test that had been brewing for some time, they invited the Court to announce that gender discrimination, like race discrimination, would henceforth be subject to the strict scrutiny test.
		T.B. -where the Court indicated that strict scrutiny for gender classifications was still a live possibility: it was not necessary to reach the question of strict scrutiny, the Court had said, because the challenged classifications could not even pass intermediate scrutiny.
		A traditional justification for heightened scrutiny under the Equal Protection Clause was that "discrete and insular" minorities, who could not defend their rights in the political arena, were in need of special protection from the courts.
	www.supremecourthistory.org /05_learning/subs/05_e04.html (3768 words)

	FindLaw's Writ - Hamilton: The Supreme Court's New Ruling on the Religious Land Use and Institutionalized Persons Act's ...
		With few exceptions, in the free exercise context, strict scrutiny was normally reserved to laws that target religious entities for negative treatment, as in the Church of Lukumi Babalu Aye decision, which held that the City of Hialeah could not target the Santerians' sacrificial disposal of animals.
		Applying strict scrutiny, as it is normally understood, to neutral regulations puts prisons in an untenable position.
		The one case where the Court applied strict scrutiny to a neutral, generally applicable law with fervor is Wisconsin v.
	writ.news.findlaw.com /hamilton/20050602.html (2208 words)

	PUBLIC OPINION AND STRICT SCRUTINY EQUAL PROTECTION REVIEW: HIGHER EDUCATION AFFIRMATIVE ACTION AND THE FUTURE OF THE ...
		Indeed, it has long been thought, to quote Gerald Gunther, that strict scrutiny in the equal protection context is “strict in theory and fatal in fact,”6 and recent judicial applications of strict scrutiny have not indicated that the Court, when it reached the issue of higher education affirmative action, would regard the matter any differently.
		She argues that, in determining whether this kind of classification survives strict scrutiny, courts should show some deference to raw public opinion in opposition to higher education affirmative action because public opinion reflects a historically sound suspicion of racial preferences of all kinds.
		I have suggested that state-sponsored higher education affirmative action programs may survive strict scrutiny, and that consideration of public antipathy toward such programs, even if it could be accurately gauged, ought not to influence the application of strict scrutiny to affirmative action programs, one way or the other.
	www.bc.edu /schools/law/lawreviews/meta-elements/journals/bctwj/24_2/01_TXT.htm (3467 words)

	Georgetown Law - Published Articles (GLH)
		Once this foundation was established she hoped to convince the Court to adopt a higher level of scrutiny.
		She focused on two types of cases: social security cases, in which widowers and husbands of retirees did not receive the same benefits as widows and wives, and jury duty cases, in which challenged laws made jury service for women voluntary.
		The Court adopted a standard of intermediate scrutiny, under which classifications based on sex must serve and be substantially related to important governmental objectives.
	www.law.georgetown.edu /glh/markowitz.htm (615 words)

	Lesson 7 Equal Protection: Race
		Under strict scrutiny, the reason for the program must be a compelling governmental interest and in the language of this Court, the program must be "narrowly tailored" in its method of attaining that interest.
		If strict scrutiny is applied, are the reasons for an affirmative action program such as that used by the Davis Medical School, compelling state interests and this type of program is the only way to attain the goals of the state.
		Even if the strict scrutiny test is applied, the reasons for an affirmative action program such as that used by the University of Texas Law School, are compelling state interests and admissions preferences are the only way of attaining the state's interests.
	www.maxwell.syr.edu /plegal/Lessons/Epr/epr7.html (10625 words)

	a2 (Site not responding. Last check: 2007-10-30)
		A court might at first conclude that a certain law fails strict scrutiny because some other alternative could be equally effective, but in a later case, with a better factual record, conclude that the alternative is not effective and that the law now passes strict scrutiny.
		Strict scrutiny in religious freedom cases isn't much of a test--and that's good in a way, because the common-law decision making I praise is a system in which judges are free to come up with their own tests, subject to legislative revision.
		Strict scrutiny, the Court has held, doesn't prevent the government from drafting religious objectors, nor does it prevent the government from applying antidiscrimination law to religious objectors.
	www1.law.ucla.edu /~volokh/relfree.htm (17005 words)

	LEGAL GUIDANCE ON THE IMPLICATIONS OF THE SUPREME COURT'S DECISION IN ADARAND CONSTRUCTORS, INC. v. PEÑA
		Under strict scrutiny, a racial or ethnic classification must serve a "compelling interest" and must be "narrowly tailored" to serve that interest.
		Applying strict scrutiny, the Court held that (a) the Richmond MBE program did not serve a "compelling interest" because it was predicated on insufficient evidence of discrimination in the local construction industry, and (b) it was not "narrowly tailored" to the achievement of the city's remedial objective.
		Some of those opinions indicate that even under strict scrutiny, Congress does not have to make findings of discrimination with the same degree of precision as a state or local government, and that Congress may be entitled to some latitude with respect to its selection of the means to the end of remedying discrimination.
	www.usdoj.gov /olc/adarand.htm (15324 words)

	Defending Indian Law Against Equality-Based Attacks
		Surviving strict scrutiny requires a finding that the legislation advances a compelling government interest and does so in a manner that is narrowly tailored to achieve that purpose.
		Hence, it seems unmanageable and unpredictable to rely on strict scrutiny survival as the basis for a response to the current chal-lenge to federal Indian law.
		The strict scrutiny survival response suffers from all the difficulty and uncertainty that attend application of strict scrutiny.
	academic.udayton.edu /Race/03justice/nalaws03.htm (5512 words)

	[No title]
		Adopting strict scrutiny would reduce educational choice by destroying single–sex education in both the public and private sectors, and would result in a wide range of other adverse consequences outside of the sphere of education.
		Under strict scrutiny, private, single–sex schools would also be in danger of losing (i) their charitable, tax exempt status; and (ii) their ability to receive tax–deductible charitable contributions, just as private, racially–discriminatory schools have lost these advantages.
		This reluctance to make strict scrutiny the law by judicial decree is even more appropriate now that the people have given their verdict and rejected that doctrine by the defeat of the Equal Rights Amendment.
	www.yale.edu /lawweb/avalon/curiae/html/518-515/029.htm (6071 words)

	National Abortion Federation: Glossary of Public Policy Terms
		During judicial review, when strict scrutiny is applied, a law will be held constitutional if it furthers a compelling state interest.
		Two examples of compelling state interests that have been found are: (1) the government's interest in having a diverse student body at public institutions of higher education and (2) the government's interest in having campaign finance regulation to prevent the appearance of governmental corruption.
		The highest level of judicial review that can be applied to a statute, the "strict scrutiny" standard says that laws that place restrictions on freedoms guaranteed by the Constitution (such as freedom of speech) must be narrowly tailored and necessary to serve a compelling state interest.
	www.prochoice.org /policy/get_informed_active/glossary.html (1953 words)

	Intermediate scrutiny - Wikipedia, the free encyclopedia
		Intermediate scrutiny, in U.S. constitutional law, is the middle level of scrutiny applied by courts deciding constitutional issues through judicial review.
		Virginia, 518 U.S. 515 (1996), added the requirement that, to be valid, a sex-based classification requires an "exceedingly persuasive justification." In practice, this means that Court examinations of sex-based classifications are closer to strict scrutiny.
		FCC (89-453), 497 U.S. Although, the latter was overruled by the Supreme Court in Adarand Constructors v.
	en.wikipedia.org /wiki/Intermediate_scrutiny (337 words)

	California Constitutional Law (Site not responding. Last check: 2007-10-30)
		Strict scrutiny is the highest standard a court applies in deciding whether a government classification violates a person's right to equal protection.
		To withstand strict scrutiny, a challenged classification must be necessary to a compelling government interest.
		The state might claim it passed the law simply to raise more money, but a court reviewing the law under strict scrutiny would strike it down because the classification is not necessary to a compelling government purpose.
	www.weblocator.com /attorney/ca/law/c04.html (3401 words)

	JURIST - Schuck: Reflections on Grutter
		Strict scrutiny is employed, of course, when there are especially good reasons to think that, as with racial classifications, the government may be playing with fire around highly combustible materials.
		Justice O’Connor’s strict scrutiny has all the strictness of an indulgent mother who gives her affable son the keys to the family car without questioning him about his drinking.
		The important point, however, is that constitutional strict scrutiny does not demand special justification of such classifications as it does of ethno-racial ones (which, of course, is what the Equal Protection Clause was intended to invalidate), and the stereotypes arising from these other preferences are far less socially corrosive or individually stigmatizing.
	jurist.law.pitt.edu /forum/symposium-aa/schuck.php (2665 words)

	Levels of Scrutiny Under the Equal Protection Clause
		The Court applies a middle-tier scrutiny (a standard that tends to produce less predictable results than strict scrutiny or rational basis scrutiny) to gender and illegitimacy classifications.
		STRICT SCRUTINY (The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.):
		Minimum scrutiny applies to all classifications other than those listed above, although some Supreme Court cases suggest a slightly closer scrutiny ("a second-order rational basis test") involving some weighing of the state's interest may be applied in cases, for example, involving classifications that disadvantage mentally retarded people, homosexuals, or innocent children of illegal aliens.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/epcscrutiny.htm (1288 words)

	[No title]
		Some language in Loving suggests strict scrutiny might get applied in all racial classifications, but there is other language that says only certain classifications (those that disadvantage certain racial groups) trigger strict scrutiny.
		That's the debate, and we'll come back to this question.) The formulation of strict scrutiny means that the state has to come forward with a compelling government interest, and proof that the classification is necessary to achieve that interest (with least restrictive means).
		In a case where strict scrutiny is triggered, it's clear that the state has the burden of defending it at that point.
	www.nvo.com /mikelaw/nss-folder/constitutionallaw/conlawFeb07.doc (2313 words)

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