A state enacts a law that restricts eligibility for certain public housing programs to individuals who are native-born citizens. An immigrant challenges the law, arguing it violates the Equal Protection Clause. What level of scrutiny should the court apply to this classification based on national origin?
National origin is considered a suspect classification under the Equal Protection Clause, which requires courts to apply strict scrutiny. Under strict scrutiny, the state must demonstrate that the law serves a compelling state interest and is narrowly tailored to achieve that interest. Intermediate scrutiny and rational basis review are lower levels of scrutiny and are not appropriate for classifications based on national origin.
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What are the different levels of scrutiny applied under the Equal Protection Clause?
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Why is national origin considered a suspect classification?