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In: Economics

Which case established the compelling interest standard in equal protection cases?

Which case established the compelling interest standard in equal protection cases?

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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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