Which statement about strict scrutiny is incorrect?

Which statement about strict scrutiny is incorrect?

• A. It requires a compelling government interest and narrowly tailored means.
• B. It applies to classifications based on race.
• C. It requires the regulation to be necessary to achieve a compelling objective.
• D. It is the highest level of scrutiny used by courts.

Answer: (C)

Strict scrutiny requires that government action burdening a fundamental right or targeting a suspect class serve a compelling government interest and be narrowly tailored to achieve that interest. It is the highest level of scrutiny courts apply. It often applies to race classifications and to fundamental rights. The statement claiming the regulation must be “necessary” to achieve the objective is not the correct articulation. The standard is narrowly tailored means to achieve a compelling interest, using the least restrictive means available. It need not be the sole or strictly necessary option in every case; there can be other narrowly tailored options that accomplish the goal.

Strict scrutiny requires that government action burdening a fundamental right or targeting a suspect class serve a compelling government interest and be narrowly tailored to achieve that interest. It is the highest level of scrutiny courts apply. It often applies to race classifications and to fundamental rights. The statement claiming the regulation must be “necessary” to achieve the objective is not the correct articulation. The standard is narrowly tailored means to achieve a compelling interest, using the least restrictive means available. It need not be the sole or strictly necessary option in every case; there can be other narrowly tailored options that accomplish the goal.