Race and National Origin (pp. 634–657)
Rule: Essentially all government actions that classify citizens based on race trigger strict scrutiny—whether facially or with effect + purpose.
- Standard: the law must be necessary to achieve a compelling purpose.
- The action must be narrowly tailored to the specific compelling interest.
- The government has the burden of proving the compelling purpose.
- Generally, strict scrutiny is fatal.
Topics Here
- Historical Foundations (pp. 634–657) — the pre–strict-scrutiny era (Dred Scott v. Sandford; Plessy v. Ferguson).
- School Desegregation (pp. 634–657) — bedrock of modern strict scrutiny (Brown v. Board of Education).
- Strict Scrutiny (pp. 634–657) — modern application: Loving v. Virginia; Palmore v. Sidoti; Korematsu v. United States.