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:
“[My father] was a lazy man. It was the days of independent incomes, and if you had an independent income you didn’t work. You weren’t expected to. I strongly suspect that my father would not have been particularly good at working anyway. He left our house in Torquay every morning and went to his club. He returned, in a cab, for lunch, and in the afternoon went back to the club, played whist all afternoon, and returned to the house in time to dress for dinner.”
—Agatha Christie (1891–1976)