Practice question
A government lawyer says that once a classification burdens a fundamental right, it must either be upheld under the ordinary presumption of validity or struck down automatically without evidence. Explain why neither shortcut correctly describes strict scrutiny.
Legal references
- SPARK v. Quezon City, G.R. No. 225442, August 8, 2017, main decision, strict scrutiny: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63300
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