Strict Scrutiny Equal Protection Test

¶ … Strict Scrutiny Equal Protection Test be Applied?

Hall (2004) states that "Certain classifications are intrinsically suspect. . . And are subject to the strict scrutiny test" (p. 69). However, not everyone agrees with this statement. In the article 'court challenge filed to new driver's license rules,' for example, Minnesota is trying to enact rules that require stronger documentation for those that want to get driver's licenses and visa expiration dates on driver's licenses for immigrants (deFiebre, 2002). The argument against this is that a driver's license is simply that -- a document allowing the bearer to operate a motor vehicle on the streets of this country -- and therefore has nothing to do with immigration, either legal or illegal, and/or any other issues that relate to where someone comes from. In other words, some people believe that asking for this other information is discrimination at it's highest level.

After reading the article and examining what Hall has to say, it becomes apparent that the strict scrutiny equal protection test should be applied to this issue, since the potential discrimination that could take place against completely legal immigrants that have done nothing wrong must be weighed against the possibility of this stronger documentation helping to catch illegal immigrants and helping to stop some of the inherent problems that are often seen when it comes to individuals that are after fake driver's licenses for various reasons. It used to be that only young people wanting to buy alcohol were interested in fake driver's licenses, but now with terrorism and other problems on the rise there are many other reasons that individuals can find to obtain a driver's license in a name other than their own. Because of this, some 'discrimination' can be expected but it must be utilized very carefully so as not to cause more harm to the individuals that it singles out than the good that it creates for the society as a whole that it is trying to protect.