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Simple English definitions for legal terms
Strict scrutiny
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A quick definition of Strict scrutiny:
Strict scrutiny is a way for courts to decide if a law is okay or not. It's used when someone sues the government for treating them unfairly. To pass strict scrutiny, the government must have a really good reason for making the law, and the law has to be made in a way that doesn't hurt people more than it needs to. This is the highest standard of review that courts use to decide if a law is fair or not. It's used when the law affects a really important right or group of people, like race or religion. It's also used for things like free speech and gun laws.
A more thorough explanation:
Definition: Strict scrutiny is a legal standard used by courts to determine if a law is constitutional. It is often used in cases where a plaintiff sues the government for discrimination. To pass strict scrutiny, the government must have a "compelling interest" for passing the law and the law must be narrowly tailored to achieve that interest.
Examples: Strict scrutiny is often used in cases involving equal protection, where a law infringes upon a fundamental right or involves a suspect classification such as race, national origin, religion, or alienage. For example, if a state passes a law that only allows white people to vote, a court would use strict scrutiny to determine if the law is constitutional. Another example is restrictions on content-based speech, which are also reviewed under the strict scrutiny standard.
Explanation: Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of governmental discrimination. It requires the government to have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest. The examples illustrate how strict scrutiny is used in cases involving equal protection and restrictions on speech. In both cases, the government must have a compelling interest for passing the law and the law must be narrowly tailored to achieve that interest.