There are three key standards of judicial review which reappear constantly throughout American Constitutional Law Adjudication. When a court reviews the constitutionality of government action, it is likely to be choosing from among the mere rationality standard, the strict scrutiny standard, and the middle-level review standard.
Strict scrutiny standard(test) is the hardest and highest form of judicial review used by United States courts reviewing federal law. Under the strict scrutiny, the state must establish and show that it has a compelling interest that justifies and necessitates the law in question.
Even though a strict scrutiny was not attained the strict scrutiny standard formula (the narrowly-tailored-to-a-compelling-interest) in the U.S. Supreme Court cases until the 1960s, the first Supreme Court case to use the term "strict scrutiny" in anything like the modern sense was Skinner v. Oklahoma, a 1942 decision under the Equal Protection Clause of the Fourteenth Amendment by making invidious distinction.
In this case, Justice Douglas said the statute (Oklahoma's Habitual Criminal Sterilization Act of 1935) violated one of " the basic civil rights of men." "Marriage and procreation" are fundamental to the very existence and survival of race."
This strict scrutiny means has vastly affected in Korean Constitutional Litigation and the free world's Judiciary System.
The goal of this paper lays an emphasis on the analysis of this decision's facts, rationale, and effects.