The Many Different Scrutiny Tests Of The US Supreme Court

The Supreme Court applies different scrutiny tests, though not using this word “scrutiny” since the 1990s, depending on the context, such as equal protection, due process, and the First Amendment. For equal protection, there are three tiers of scrutiny: suspect class (racial classifications here), quasi-suspect class (gender and sexual orientation here), and non-suspect class (age here, etc). In due process cases, strict scrutiny is applied to fundamental rights (abortion, gay marriage here), while non-fundamental rights (liberty of contract here) are subject to rational basis review. Lastly, scrutiny in the context of First Amendment rights has a distinct meaning.

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