Which categories are protected classes subject to strict scrutiny?

Which categories are protected classes subject to strict scrutiny?

• A. Race
• B. Alienage
• C. National origin
• D. All of the above

Answer: (D)

Strict scrutiny applies to classifications that have been historically used to demean or exclude people, and race, national origin, and alienage are the classic examples of those suspect classifications. When a law targets one of these bases, the government must show a compelling interest and that the law is narrowly tailored to achieve that interest using the least restrictive means. Because each of these categories is treated as a suspect classification, any law that discriminates on race, national origin, or alienage faces the toughest level of review. That’s why choosing all of the above is correct—the categories listed are all subject to strict scrutiny.

Strict scrutiny applies to classifications that have been historically used to demean or exclude people, and race, national origin, and alienage are the classic examples of those suspect classifications. When a law targets one of these bases, the government must show a compelling interest and that the law is narrowly tailored to achieve that interest using the least restrictive means. Because each of these categories is treated as a suspect classification, any law that discriminates on race, national origin, or alienage faces the toughest level of review. That’s why choosing all of the above is correct—the categories listed are all subject to strict scrutiny.