What does "strict scrutiny" refer to in judicial review?

Strict scrutiny is a legal standard used by courts to evaluate laws that potentially infringe on fundamental rights or discriminate against suspect classifications, such as race. Under this standard, when a law is challenged as being discriminatory, the government must demonstrate that the law serves a compelling governmental interest and that the law is narrowly tailored to achieve that interest. This rigorous examination reflects the importance of protecting individuals from unjust discrimination, particularly in cases that involve racial classifications.

The strict scrutiny standard is the highest level of scrutiny and is applied specifically in cases dealing with fundamental rights, including those grounded in the Equal Protection Clause of the Fourteenth Amendment. This makes any law that discriminates based on race subject to the most stringent review, ensuring that the government has compelling reasons for enacting such legislation and that no less discriminatory alternatives are available.

In contrast, other standards of review differ in their application and stringency. Economic regulations, for example, generally undergo a much lower level of scrutiny, where the government only needs to show that the law is reasonably related to a legitimate interest. Additionally, while laws about freedom of speech may also invoke strict scrutiny, the context of discrimination based on race specifically triggers this highest standard uniquely aligned with protecting individual rights against governmental overreach.