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Define "strict scrutiny." What does the Supreme Court mean if they are going to apply strict scrutiny? To what issue do the Courts apply strict scrutiny?

User Surely
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Final answer:

Strict scrutiny is a standard of judicial review applied by the Supreme Court to evaluate laws or government actions that discriminate on the basis of race, religion, or national origin, or that affect fundamental rights. Under strict scrutiny, the government must show a compelling interest, ensure the law is narrowly tailored, and use the least restrictive means to achieve its aim. This standard often leads to laws being overturned unless there is a very strong justification.

Step-by-step explanation:

Strict scrutiny is a form of judicial review that the Supreme Court and other courts use to evaluate the constitutionality of certain laws, policies, or governmental actions. This standard is the highest and most rigorous standard of review applied by courts. When a court applies strict scrutiny, it means that the government must prove that the challenged regulation serves a compelling governmental interest, is narrowly tailored to achieve that interest, and is the least restrictive means for achieving the interest. Essentially, strict scrutiny is applied when a law or action potentially infringes on a fundamental right or classifies individuals based on a suspect classification, such as race, nationality, or religion. The government bears the burden of proof under this standard.

Strict scrutiny is applied to cases involving discrimination against racial, ethnic, religious groups, or those of various national origins. It can also be applied to laws affecting certain fundamental rights, such as those in the First Amendment, or to cases involving affirmative action policies. The use of strict scrutiny has historically resulted in many laws being overturned, although there have been notable exceptions, such as the upholding of the internment of Japanese Americans during World War II.

User Azim
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