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Introduction
It is always challenged in in the supreme court about having
equal protection to standard compelling interest .In American
constitutional law, strict scrutiny is the highest and most
stringent standard of judicial review, and results in a
judge striking down a law unless the government can demonstrate in
court that a law or regulation: is necessary to a
"compelling state interest";; that the law is
"narrowly tailored" ... The Supreme Court has established
standards for determining ...
Abstract
Below are the situation in which it applied as " equal
protection" established the compelling interest standard
- It must be justified by a compelling governmental interest.
While the Courts have never brightly defined how to determine if an
interest is compelling, the concept generally refers to something
necessary or crucial, as opposed to something merely preferred.
Examples include national security, preserving the lives of a large
number of individuals, and not violating explicit constitutional
protections.
- The law or policy must be narrowly tailored to achieve that
goal or interest. If the government action encompasses too much
(overbroad) or fails to address essential aspects of the compelling
interest, then the rule is not considered narrowly tailored.
- The law or policy must be the least restrictive means for
achieving that interest: there must not be a less restrictive way
to effectively achieve the compelling government interest. The test
will be met even if there is another method that is equally the
least restrictive. Some legal scholars consider this "least
restrictive means" requirement part of being narrowly tailored, but
the Court generally evaluates it separately.
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