What standard of review applies to race-based classifications under the Equal Protection Clause?

• A. Strict scrutiny
• B. Intermediate scrutiny
• C. Rational basis review
• D. Clear and convincing evidence

Answer: (A)

Race-based classifications are subject to strict scrutiny under the Equal Protection Clause. This is because race is treated as a suspect classification, meaning the government’s actions that classify people by race are considered highly suspect and require the most demanding review. To pass strict scrutiny, the government must show a compelling interest in the law or policy and demonstrate that the classification is narrowly tailored to achieve that interest, using the least restrictive means available. In practice, that often means the government must prove there is no less discriminatory way to accomplish the goal and that the measure is essential to achieving it. Intermediate scrutiny applies to gender classifications, not race, and rational basis review is the deferential standard used for non-suspect classifications. “Clear and convincing evidence” is an evidentiary standard, not the test used for constitutional review of race classifications.