Also known as:suspect classification · suspect class · suspect classes · strict scrutiny trigger · equal protection suspect class
Written by attorneys · grounded in primary & secondary sources — see below
A classification based on race or national origin that receives strict scrutiny under the Equal Protection Clause because the affected group constitutes a discrete and insular minority warranting special judicial protection.
Sources & Authorities
How it applies
Common Examples
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Mandatory Retirement Age Upheld
Sasha Stone, a physically fit police officer, challenges a city rule requiring retirement at age 50. The court applies rational basis review because age is not a suspect classification. The rule survives because it is rationally related to maintaining a capable force.
Racial Zoning Ordinance Invalidated
Skylar Sullivan, a Black homeowner, challenges a city ordinance restricting residence to certain racial groups. The court treats the racial classification as suspect and applies strict scrutiny. The law fails because it is not narrowly tailored to a compelling interest.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Course Outlines
Study Supplements
Trimble v. Gordon430 U.S. 762, 775 n.16 (1977)
Racial Admissions Preference Reviewed
Samantha Stone, a white applicant, sues after being denied admission under a medical school program reserving spots for minority candidates. The court subjects the racial classification to strict scrutiny. The program is invalidated because it is not narrowly tailored to a compelling interest.
Regents of the University of California v. Bakke438 U.S. 265, 98 S. Ct. 2733, 57 L. Ed. 2d 750 (1978)
Age Limit for Judges Sustained
Simon Stern, a sitting judge over age 70, challenges a state constitutional provision requiring retirement. The court holds age is not a suspect classification and applies rational basis review. The provision is upheld as rationally related to judicial fitness concerns.
Gregory v. Ashcroft501 U.S. 452 (1991)
Political Gerrymander Claim Fails
Sarah Sullivan, a Democratic voter, alleges that district lines dilute her party's voting strength. The court declines to treat political affiliation as a suspect classification. The claim is dismissed because no manageable standard exists for strict scrutiny.
Davis v. Bandemer478 U.S. 109, 106 S. Ct. 2797, 92 L. Ed. 2d 85 (1978)
School Funding Disparity Upheld
Sabrina Shah, a student in a poor district, challenges a property-tax system that produces lower per-pupil spending. The court holds wealth is not a suspect classification. The system survives rational basis review as rationally related to local control of education.
San Antonio Independent School District v. Rodriguez411 U.S. 1, 93 S. Ct. 127, 36 L. Ed. 2d 16 (1973)
Common questions
Frequently Asked
4
Which classifications qualify as suspect?+
Race and national origin are the core suspect classifications that trigger strict scrutiny. Wealth, age, and disability do not qualify.
Supporting sources
What level of scrutiny applies to suspect classifications?+
Strict scrutiny applies. The government must prove the classification is necessary to serve a compelling interest and is narrowly tailored. Most classifications fail this test.
Supporting sources
Does age ever receive heightened scrutiny?+
No. Age is not a suspect classification. Age-based distinctions receive only rational basis review even when they affect physically fit individuals.
Supporting sources
Is wealth a suspect classification?+
No. Wealth classifications receive rational basis review. School financing systems that produce funding disparities between districts are constitutional if rationally related to local control.
Supporting sources
431 U.S. 494, 503 (1977)Property
…protection claim must fail, since it is not to be judged by the strictscrutiny standard employed when a fundamental interest or suspect classification is involved, see, e. g. , Dunn v. Blumstein , 405 U. S. 330 (1972), and Korematsu v. United States , 323 U. S. 214 (1944), or by the somewhat less strict standard of Craig v. Boren ,…