Please help us improve our site! No thank you. LII Wex Suspect classification. Suspect classification Primary tabs Definition Suspect classification refers to a class of individuals that have been historically subject to discrimination.
In Justice Douglas's opinion invalidating the law we see the origins of the higher-tier analysis that the Court applies to rights of a "fundamental nature" such as marriage and procreation. Skinner thus casts doubt on the continuing validity of the oft-quoted dictum of Justice Holmes in a case Buck v Bell considering the forced sterilization of certain mental incompetents: "Three generations of imbeciles is enough. The Court applies a middle-tier scrutiny a standard that tends to produce less predictable results than strict scrutiny or rational basis scrutiny to gender and illegitimacy classifications.
Separate pages on this website deal with these issues. Cases Railway Express v. New York Kotch v. Oklahoma Korematsu v.
United States Loving v. Virginia Fred Korematsu " H ere is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign.
It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation.
Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious, or national, or racial minorities: whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry.
But the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The "equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process of law," and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process. No State shall Introduction Legislation frequently involves making classifications that either advantage or disadvantage one group of persons, but not another.
Suspect Classifications: 1. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can. Though it is now widely recognized that no compelling justification existed for the relocation order and that racial prejudice rather than national security led to the forced removal of Japanese Americans, Korematsu did signal the Court's willingness to apply the Equal Protection Clause to suspect classifications.
To withstand strict scrutiny, the government must show that its policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.
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