In the world of law, strict scrutiny is a legal standard used when considering the constitutionality of certain government actions. It’s one of the most rigorous standards of review, and if a court applies this standard during a legal challenge, it’s generally to determine whether a law results in an infringement of a constitutionally-protected right of an individual or group.
Strict Scrutiny in Action
When a court applies the strict scrutiny standard, it may determine that the government action being challenged is unconstitutional, or it may uphold the existing law. The court will decide based on whether there is a “compelling government interest” that allows the challenged government action to survive, or whether there are “narrowly tailored” means to achieve those interests. Examples of issues that have been subject to strict scrutiny in recent years include Second Amendment rights, abortion laws, and affirmative action.
Understanding the Requirements of Strict Scrutiny
Certain criteria must be met for the government action to survive a legal challenge under the strict scrutiny standard. The first is that a “compelling government interest” must be identified. This could be an interest of national security, public safety, or morality, for example. Second, the means used by the government to achieve the interest must be “narrowly tailored” to achieve those interests, and cannot be too directly infringing on the rights of individuals or groups. Finally, the means used by the government must be the least restrictive and most closely related to achieving the interests.
Why Strict Scrutiny Matters
Strict scrutiny is one of the most important tools used by the courts when evaluating the constitutionality of a particular law or government action. By requiring the government to identify a legitimate state interest, show how the action is narrowly tailored to that interest, and be the least restrictive means of achieving that interest, the court can ensure that individual rights are not violated as a result of a government action. In this way, strict scrutiny plays an important role in making sure that citizens have their basic rights protected.