Which standard is typically used for race-based classifications?

• A. Rational Basis Test
• B. Strict Scrutiny Test
• C. Heightened Scrutiny Test
• D. Suspect Classification

Answer: (B)

Race-based classifications are reviewed under strict scrutiny, the highest level of constitutional evaluation. Courts require that any policy treating people differently because of race serves a compelling government interest and is narrowly tailored to achieve that interest using the least restrictive means. Because race is a suspect classification, laws or programs that rely on race are subjected to this demanding standard, and many such classifications are invalid unless they meet that very tight bar.

For context, the other standards operate in different situations. A rational basis review applies to most non-suspect classifications and is the weakest standard, asking only that the law have some legitimate purpose and be rationally related to it. Heightened scrutiny is used in more limited cases, like certain gender classifications, and sits between strict scrutiny and rational basis in strictness. The term “suspect classification” describes the category that triggers strict scrutiny, not a separate standard itself.