analysis,48 Justice Ginsburg chose to redefine the meaning of in-. Religious Freedom Restoration Acts (RFRAs) provide a strict scrutiny test for courts: namely, that government may not burden or restrict a persons. In determining whether someone deserves to be considered within a suspect classification, a court will look at whether the person is a "discrete and insular minorit." In determining whether someone is a discrete and insular minority (and thus the person's claim deserves strict scrutiny), courts will look at a variety of factors, including but not limited to whether the person has an inherent trait, whether the person has a trait that is highly visible, whether the person is part of a class which has been disadvantaged historically, and whether the person is part of a group that has historically lacked effective representation in the political process. supra note 1, 14.3, at 602 (explaining that courts apply strict scrutiny test when.
Determining a Suspect Classification "Discrete and insular minorities" The strict scrutiny standard of judicial review is based on the equal protection clause of the Fourteenth Amendment. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. Strict Scrutiny A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy. Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. Suspect classification refers to a class of individuals that have been historically subject to discrimination.
0 kommentar(er)
