Also known as: strong government interest · compelling governmental interest
Written by attorneys · grounded in primary & secondary sources — see below
A governmental objective of sufficient weight to justify a law that burdens a fundamental right or employs a suspect classification under strict scrutiny. Courts assess whether the interest is compelling and whether the means chosen are narrowly tailored to achieve it.
Simon Stern, owner of a non-minority construction firm, bids on a federal highway project but loses the subcontract portion to a minority-owned company under a fifteen-percent racial preference rule. The Department of Labor defends the rule by pointing to statistical underrepresentation of minority firms. A court must decide whether the government's interest in remedying past discrimination is strong enough to survive strict scrutiny.
Samantha Stone opens a Santeria temple in Hialeah and plans ritual animal sacrifices. The city enacts an ordinance banning the precise method of slaughter used in those rituals while permitting other forms of animal killing. Stone challenges the law, forcing the city to demonstrate that its interest in public health or animal welfare is strong enough to satisfy strict scrutiny.
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Spencer Silver, a Republican deputy sheriff, is fired after a Democratic sheriff takes office. Silver sues, claiming the dismissal violates his First Amendment rights. The new administration must show that its interest in maintaining political loyalty among employees is strong enough to justify the patronage practice under the applicable level of scrutiny.
Sabrina Shah moves to Maricopa County and immediately seeks non-emergency medical treatment at the county hospital. The county denies coverage because she has not resided there for one year. Shah challenges the rule, requiring the county to prove that its interest in protecting the local treasury is strong enough to burden the right to travel.
Sofia Stern, an unwed U.S. citizen mother, seeks citizenship for her child born abroad to a non-citizen father. Immigration authorities apply a stricter physical-presence requirement to mothers than to fathers. Stern must show that the government's interest in ensuring a biological connection is not strong enough to justify the gender distinction.
Simone Sanders moves to Iowa and files for divorce after only six weeks. The state dismisses the action under a one-year residency statute. Sanders argues that Iowa's interest in ensuring genuine domicile is not strong enough to burden her right to obtain a divorce in the forum of her choice.
Courts recognize a strong governmental interest in promptly securing movable property subject to forfeiture because it can be hidden, removed from the jurisdiction, or destroyed. When that interest exists and adequate post-seizure procedures are provided, due process permits seizure first and hearing later.
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No. Strict scrutiny requires a strong basis in evidence of identified past discrimination in the particular industry and locality, not merely general societal discrimination or raw statistical imbalances.
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No. When the rule burdens parents' fundamental liberty to direct the language of their children's education, the government must show the restriction is narrowly tailored to a compelling interest rather than a broad preference for uniformity.
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Yes. The Fourth Amendment treats the interest in officer safety during roadside encounters as strong enough to allow officers to order both drivers and passengers out of a lawfully stopped vehicle without individualized suspicion of danger.
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…(1963). Under the Sherbert test, governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest. See id. , at 402-403; see also Hernandez v. Commissioner , 490 U. S., at 699. Applying that test we have, on three occasions, invalidated state unemployment compensation rules that…