The courts would use strict scrutiny as the legal standard in cases of discrimination based on race, ethnicity, national origin, or religion, requiring a compelling governmental interest and narrowly tailored measures.
Strict scrutiny is the legal standard that the courts would use in deciding a case involving discrimination based on race, ethnicity, national origin, or religion. Under strict scrutiny, the government needs to prove a compelling governmental interest and show that no alternative means are available to achieve the goal.
For example, in cases of affirmative action, which aims to address discrimination based on race or ethnicity, strict scrutiny is applied to assess the necessity of racial discrimination to achieve a compelling governmental interest.
Strict scrutiny sets a high bar for justifying discriminatory practices based on certain protected characteristics, emphasizing the need for a compelling reason and narrowly tailored measures.
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