What does 'strict scrutiny' refer to in the context of judicial review?

In the context of judicial review, 'strict scrutiny' is indeed the highest standard of review applied by courts when evaluating laws or policies that may result in discrimination based on race, national origin, or that infringe upon fundamental rights, such as those protected by the Bill of Rights. This standard requires the government to demonstrate that the law serves a compelling state interest and that the means chosen to achieve that interest are narrowly tailored and the least restrictive available.

When a law is subjected to strict scrutiny, it is presumed to be unconstitutional unless the government meets these stringent criteria. This high level of scrutiny reflects the fundamental principle that discrimination based on race or infringements on essential liberties are seen as particularly suspect, requiring the courts to closely examine the justification for such laws.

In contrast to this standard are the other options, which refer to lower standards of review. For example, economic regulations often fall under a less rigorous scrutiny, known as 'rational basis review,' where the government only needs to show a legitimate interest in the law. Similarly, laws that merely affect religious practices may not reach the same serious level of scrutiny unless they discriminate against specific religious beliefs. Thus, strict scrutiny represents a critical safeguard against the potential for abuse in discriminatory legislation, highlighting its importance within the