In Adarand Constructors v. Pena, what standard applies to racial classifications by the government?

In Adarand Constructors v. Pena, what standard applies to racial classifications by the government?

• A. Strict scrutiny
• B. Rational basis review
• C. Intermediate scrutiny
• D. No scrutiny is needed

Answer: (A)

Racial classifications by the government are reviewed under strict scrutiny. This means the government must show a compelling interest for the policy and that the means chosen are narrowly tailored to achieve that interest, using the least restrictive approach possible. The burden is heavy: the policy must be essential to achieving a critical objective and must specifically target only what is necessary to accomplish that goal. In Adarand Constructors v. Pena, the Court held that this strict scrutiny standard applies to all racial classifications used by the government, at any level (federal, state, or local). It reaffirmed that race-based decisions are inherently suspect and must prove a compelling interest and tight tailoring, even when the aim is to remedy past discrimination. The upshot is that race-conscious programs face the highest level of constitutional scrutiny, and only those that are narrowly tailored to serve a compelling interest will survive. Rational basis or intermediate scrutiny would not fit because they do not impose the same demanding burden. No scrutiny would be inappropriate because the government’s use of race in policy is treated as highly suspect.

Racial classifications by the government are reviewed under strict scrutiny. This means the government must show a compelling interest for the policy and that the means chosen are narrowly tailored to achieve that interest, using the least restrictive approach possible. The burden is heavy: the policy must be essential to achieving a critical objective and must specifically target only what is necessary to accomplish that goal.

In Adarand Constructors v. Pena, the Court held that this strict scrutiny standard applies to all racial classifications used by the government, at any level (federal, state, or local). It reaffirmed that race-based decisions are inherently suspect and must prove a compelling interest and tight tailoring, even when the aim is to remedy past discrimination. The upshot is that race-conscious programs face the highest level of constitutional scrutiny, and only those that are narrowly tailored to serve a compelling interest will survive.

Rational basis or intermediate scrutiny would not fit because they do not impose the same demanding burden. No scrutiny would be inappropriate because the government’s use of race in policy is treated as highly suspect.