What type of laws are subjected to 'strict scrutiny' by the courts?

The classification of certain laws as being subjected to 'strict scrutiny' by the courts is primarily rooted in the need to protect fundamental rights and to prevent invidious discrimination against marginalized groups. Laws that discriminate based on race or infringe upon fundamental rights are considered to be on the highest level of scrutiny because they significantly impact the social fabric and individual freedoms within a democratic society.

Strict scrutiny requires the government to demonstrate that the challenged law serves a compelling governmental interest and is narrowly tailored to achieve that interest. This standard reflects the courts' recognition of the importance of safeguarding minority rights and ensuring that any governmental action that may lead to discrimination is particularly justified.

In contrast, laws affecting economic transactions, those that discriminate based on age, or state tax policies generally do not receive the same level of scrutiny. Economic regulations typically fall under a less rigorous standard known as 'rational basis review,' while age discrimination is usually assessed under an intermediate scrutiny standard. Therefore, the focus on race and fundamental rights establishes a more protective legal framework, justifying the application of strict scrutiny.