For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Strict scrutiny will often be invoked in an equal protection claim. What is strict scrutiny and the Equal Protection Clause? In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. What is the Equal Protection Clause What was it meant to do? What are the three types of scrutiny under the Equal Protection Clause?Įqual Protection Analysis After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny. 10 How is the level of scrutiny determined in the court?.9 How is the Equal Protection Clause used by the Supreme Court?.8 What are the levels of scrutiny in the Equal Protection Clause?.
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