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:
“Scholars and artists thrown together are often annoyed at the puzzle of where they differ. Both work from knowledge; but I suspect they differ most importantly in the way their knowledge is come by. Scholars get theirs with conscientious thoroughness along projected lines of logic; poets theirs cavalierly and as it happens in and out of books. They stick to nothing deliberately, but let what will stick to them like burrs where they walk in the fields.”
—Robert Frost (1874–1963)