Discrimination based on national origin is reviewed under which standard?

Prepare for the New York Multistate Bar (MBE) Exam. Study with tailored flashcards and multiple-choice questions, each offering insightful hints and detailed explanations. Boost your confidence and readiness!

Multiple Choice

Discrimination based on national origin is reviewed under which standard?

Explanation:
Discrimination based on national origin is treated as a suspect classification in equal protection analysis. When a government action targets people because of their national origin, it is evaluated under strict scrutiny—the most demanding standard. The government must show a compelling interest and that the measure is narrowly tailored to achieve that interest using the least restrictive means. This is stricter than rational basis, which only requires any plausible legitimate purpose, and is not the same as intermediate scrutiny, which applies to sex-based classifications. So, strict scrutiny is the correct standard.

Discrimination based on national origin is treated as a suspect classification in equal protection analysis. When a government action targets people because of their national origin, it is evaluated under strict scrutiny—the most demanding standard. The government must show a compelling interest and that the measure is narrowly tailored to achieve that interest using the least restrictive means. This is stricter than rational basis, which only requires any plausible legitimate purpose, and is not the same as intermediate scrutiny, which applies to sex-based classifications. So, strict scrutiny is the correct standard.

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