1. At the other extreme, the courts employ a strict scrutiny test, which measures whether the statute is narrowly drawn to serve a compelling state interest. 2. Adarand appealed again to the Supreme Court last November, arguing that the program still incorporated racial preferences that failed the strict scrutiny test. 3. But the statements are misleading, insofar as they suggest that we have not already categorically held strict scrutiny to be inapplicable to sex-based classifications. 4. But we need not decide today whether the program upheld in Fullilove would survive strict scrutiny as our more recent cases have defined it. 5. He argues that the association was subjecting Hemings oral history to strict scrutiny while accepting white oral history at face value. 6. He, Canady, and the leadership are seizing on the Supreme Court ruling earlier this month saying that contracts awarded to minorities can be subjected to strict scrutiny. 7. III To satisfy strict scrutiny, the State must demonstrate that its districting legislation is narrowly tailored to achieve a compelling interest. 8. It is not true that strict scrutiny is strict in theory, but fatal in fact. 9. It said the districts could stand only if the state justified them under strict scrutiny in a full-scale trial. 10. Justices Kennedy and Ginsburg would have used the strict scrutiny standard in examining the cable act. |
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