Suspect Classification
The Supreme Court has established standards for determining whether a statute or policy's classification requires the use of strict scrutiny. The class must have experienced a history of discrimination, must be definable as a group based on "obvious, immutable, or distinguishing characteristics," be a minority of "politically powerless," and its characteristics must have little relationship to the government's policy aims or the ability of the group's members to contribute to society.
The Court has consistently found that classifications based on race, national origin, and alienage require strict scrutiny review. The Supreme Court held that all race-based classifications must be subjected to strict scrutiny in Adarand Constructors v. Peña, 515 U.S. 200 (1995), overruling Metro Broadcasting, Inc. v. FCC (89-453), 497 U.S. 547 (1990), which had briefly allowed the use of intermediate scrutiny to analyze the Equal Protection implications of race-based classifications in the narrow category of affirmative-action programs established by the federal government in the broadcasting field.
Read more about this topic: Strict Scrutiny
Famous quotes containing the word suspect:
“There are times when they seem so small! And then again, although they never seem large, there is a vastness behind them, a past of indefinite complexity and marvel, an amazing power of absorbing and assimilating, which forces one to suspect some power in the race so different from our own that one cannot understand that power. And ... whatever doubts or vexations one has in Japan, it is only necessary to ask oneself: “Well, who are the best people to live with?””
—Lafcadio Hearn (1850–1904)