Talk:Strict scrutiny

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Where is the citation to the alleged empirical study of strict scrutiny decisions in the federal courts by Adam Winkler which found that laws survive strict scrutiny over thirty percent of the time? In light of the fact that this claim admittedly runs contrary to the majority view of lawyers, a citation should be given.

The way I learned the analysis was to review compelling ENDS and necessary MEANS. Narrowly tailored/ least restrictive prongs are merely elements of the MEANS analysis. does anyone care if I change that? Concededly, it may just be another way to conceptualize the material. Jag149 03:31, 27 February 2007 (UTC)

Also, given the title, the article implies silently that Equal Protection is the only setting for strict scrutiny, neglecting the Fundamental Rights setting. Agent Cooper 13:39, 12 May 2007 (UTC)

Let me rephrase that: though the Fundamental Rights setting is mentioned, in the general characterization, the discussion of discriminatory intent below is derived from EP jurisprudence. Now there are Rights settings where the need for intent is clear (Free Exercise post-Smith) but others where we're not there (yet) (abortion). So the "de jure" section needs clarification, so that people do not wrongly conclude that in ever context that strict scrutiny is employed, de facto burdening of a right, no matter how weighty, is acceptable. Agent Cooper 13:44, 12 May 2007 (UTC)