What are the tiers of scrutiny under equal protection and when is strict scrutiny applied?

Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

In equal protection analysis, there are three levels of scrutiny: rational basis, intermediate scrutiny, and strict scrutiny. Rational basis applies to most laws and requires only a rational relationship to a legitimate government interest. Intermediate scrutiny, used for classifications like gender, requires a substantial relation to an important government objective. Strict scrutiny is the highest level and applies to suspect classifications (such as race or national origin) or to laws that burden fundamental rights; under strict scrutiny, the government must show a compelling interest and that the law is narrowly tailored to achieve that interest.

The correct choice lists these three tiers and correctly states that strict scrutiny applies to suspect classifications (e.g., race) or fundamental rights. The other options are off because they either misname the tiers, omit one, or suggest strict scrutiny applies universally, which isn’t correct.