Under strict scrutiny, which statement is correct?

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

Under strict scrutiny, which statement is correct?

Explanation:
Strict scrutiny requires the government to show a compelling interest behind the law and that the measure is narrowly tailored to achieve that interest, using the least restrictive means. The statement that includes both of these elements—a compelling interest and being necessary to achieve it—best reflects this standard. The other ideas are off because a legitimate, rational-basis interest is not enough under strict scrutiny; recognizing only the least restrictive means is incomplete without asserting a compelling interest; and saying the government must show the best means is not the accepted standard.

Strict scrutiny requires the government to show a compelling interest behind the law and that the measure is narrowly tailored to achieve that interest, using the least restrictive means. The statement that includes both of these elements—a compelling interest and being necessary to achieve it—best reflects this standard.

The other ideas are off because a legitimate, rational-basis interest is not enough under strict scrutiny; recognizing only the least restrictive means is incomplete without asserting a compelling interest; and saying the government must show the best means is not the accepted standard.

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