Final answer:
Underinclusiveness and overinclusiveness are used by courts in evaluating discrimination cases. Courts apply more stringent rules to policies, laws, and actions that discriminate based on race, ethnicity, gender, religion, or national origin. Discrimination against these groups is reviewed by the courts using the strict scrutiny standard.
Step-by-step explanation:
Underinclusiveness and overinclusiveness are used by courts in evaluating discrimination cases. In discrimination cases, courts apply more stringent rules to policies, laws, and actions that discriminate on the basis of race, ethnicity, gender, religion, or national origin due to the history of discrimination in the United States. Discrimination against these groups is reviewed to the greatest degree by the courts, which apply the strict scrutiny standard. Under strict scrutiny, the government has to demonstrate a compelling governmental interest, a narrowly tailored law or action, and it being the least restrictive means.