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Author Question: Explain the difference between the strict scrutiny test, intermediate scrutiny test, and the ... (Read 180 times)

segrsyd

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Explain the difference between the strict scrutiny test, intermediate scrutiny test, and the rational basis test.
 
  What will be an ideal response?

Question 2

What did the U.S. Supreme Court decide in United States v. Virginia (1996 ), also known as the VMI case?
 
  What will be an ideal response?



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sarajane1989

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Answer to Question 1

In cases where a suspect classification is involved, the government must meet the strict scrutiny testit must show that its suspect form of discrimination is necessary (narrowly tailored) to meet a compelling governmental interest. In cases involving a semi-suspect form of discrimination, the government must satisfy the intermediate scrutiny testit must show that its semi-suspect form of discrimination is substantially related to an important governmental interest. And in cases where the discrimination is non-suspect, the government must satisfy the rational basis testit must show that its non-suspect distinction is rationally related to a legitimate governmental interest.

Answer to Question 2

In United States v. Virginia (1996 ), Justice Ruth Bader Ginsburg, who as a lawyer argued a number of sex discrimination cases before the Court, held that governments must offer an exceedingly persuasive justification before they will be allowed to make sex-based distinctions in public policy. Courts generally apply the intermediate scrutiny standard to sex-based discrimination under the Equal Protection Clause.




segrsyd

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Reply 2 on: Aug 3, 2018
Thanks for the timely response, appreciate it


xthemafja

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Reply 3 on: Yesterday
Gracias!

 

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