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Klim Afanasyev
Klim Afanasyev


Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest.


Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. The other two standards are intermediate scrutiny and rational basis review.

Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.

The application of strict scrutiny, however, extends beyond issues of equal protection. Restrictions on content-based speech, for instance, are to be reviewed under the strict scrutiny standard as well. Notably, the Supreme Court has refused to endorse the application of strict scrutiny to gun regulations, leaving open the question of which precise standard of review is to be employed when addressing the Second Amendment.

Levy's decisions throughout his 22 years deserve greater scrutiny. Removing Conte seemed a foregone conclusion following his cutting remarks about the mentality and desire of Tottenham's players after the recent 3-3 draw at Southampton, but it didn't have to be.

The federal Centers for Medicare & Medicaid Services (CMS) presumes some settings have qualities that are institutional or isolating in nature. CMS requires states to submit evidence demonstrating that these settings are able to overcome the presumption and meet requirements of the federal Home and Community Based Services (HCBS) Settings Rule. These settings must go through a heightened scrutiny review by CMS.

HHSC will submit all assisted living facilities participating in the STAR+PLUS HCBS program for heightened scrutiny review. HHSC posted a description of the heightened scrutiny process and an initial list of settings for public comment in October 2021 at Heightened Scrutiny (PDF).

If heightened scrutiny is required, a provider must complete the heightened scrutiny process and receive written approval from HHSC before submitting an application to become licensed as a day activity and health services facility with a special designation for individualized skills and socialization.

Read more about the heightened scrutiny process for individualized skills and socialization in Information Letter 22-53, Requirements for Providers Seeking to Deliver New Individualized Skills and Socialization Services (PDF).

DHS concluded a 30-day public comment period on its findings about HCBS long-term care settings that were identified for heightened scrutiny review. DHS conducted a heightened scrutiny review process and determined there is enough evidence to show CMS that these settings are not institutional in nature and that they meet CMS's compliance requirements. The evidence from the heightened scrutiny review is documented in evidentiary summaries.

If a residential or non-residential setting meets one of the above criteria, then the setting will require additional review (heightened scrutiny) to overcome the assumption that it is not home and community-based. For example, if a community-based residential facility or an adult day care provider is located on the grounds of a public institution, it will not be considered home and community-based unless an additional review determines otherwise.

The HCBS Settings Regulation describes three categories or "prongs" of residential or non-residential settings that are presumed to have the qualities of an institution, but for which states can submit evidence for the application of heightened scrutiny:

Below, the State presents lists of IDHS-DDD Heightened scrutiny provider settings by facility type and Prong category. The State also includes compliance summaries for IDHS-DDD Heightened Scrutiny provider settings by facility type.

States were informed they had until December 1, 2022, to request additional time for transitioning to one or more of the above Settings requirements through the form of a Compliance Action Plan (CAP) request. Illinois determined the State did not need to take advantage of the new flexibilities. However, in November of 2022, CMS outreached State Medicaid Directors to assert "states that have submitted presumptively institutional settings to CMS for a heightened scrutiny review and have yet to receive final adjudication of those settings should request a CAP to authorize additional opportunities to complete discussions with CMS." The State of Illinois continues to await final adjudication of 529 presumptively institutional settings submitted to CMS for heightened scrutiny review. Consequently, Illinois requested a CAP on 12/07/2022 to authorize additional time for collaboration with CMS to ensure full compliance with HCBS Settings criteria among our presumptively institutional settings.

Strict scrutiny is the highest form of review that courts use to evaluate the constitutionality of laws. Under a strict scrutiny analysis, a law that restricts freedom of speech must achieve a compelling government interest and be narrowly tailored to that interest or be the least speech-restrictive means available to the government. Strict scrutiny also is used when a law targets a specific religious faith.

David L. Hudson Jr.. Aug 16, 2021. Strict Scrutiny [electronic resource]. The First Amendment Encyclopedia, Middle Tennessee State University (accessed Mar 29, 2023). -amendment/article/1966/strict-scrutiny

Proposals dealing with information that is EU-classified under the Commission's internal Rules of Procedure are subject to security scrutiny. For details, see the Commission's security rules, including the Practical Classification Guide (Appendix 2).

The scrutiny check is not a full security check on all the aspects of a project which might have a bearing on security. It simply identifies projects involving information that is sensitive from the security point of view and, where appropriate, classes their deliverables as 'classified deliverables').

Security scrutiny may lead to 'security requirements'. If applicable, these will be included in the grant agreement as a Security Aspect Letter (SAL) and the annexed Security Classification Guide (SCG).

If necessary, your proposal will undergo security scrutiny. In this case the Security Scrutiny Working Group will determine the level of sensitivity of your proposal and check whether all security aspects are being handled appropriately.

Proposal too sensitive to be fundedSecurity scrutiny may reveal that the information to be used or generated by the project is too sensitive, or that the applicants lack the right experience, skills or authorisations to handle classified information at the appropriate level.

The consent order says the IRS admits it wrongly used "heightened scrutiny and inordinate delays" and demanded unnecessary information as it reviewed applications for tax-exempt status. The order says, "For such treatment, the IRS expresses its sincere apology."

The IRS stepped up its scrutiny around 2010, as applications for tax-exempt status surged. Tea Party groups were organizing, and court decisions had eased the rules for tax-exempt groups to participate in politics.

Scrutiny (French: scrutin; Late Latin: scrutinium; from scrutari, meaning "those who search through piles of rubbish in the hope of finding something of value" and originally from the Latin "scruta," meaning "broken things, rags, or rubbish.") is a careful examination or inquiry (often implying the search for a likely mistake or failure). In Roman times, the "scrutari" of cities and towns were those who laboriously searched for valuables amidst the waste and cast-offs of others. The modern English "scrutiny" is derived from this root, indicating a careful examination or inquiry (often implying the search for a hidden mistake, misstatement, or incongruity).

The word is specifically applied in the early Roman Catholic Church to the examination of the catechumens or those under instruction in the faith. They were taught the creed and the Lord's Prayer, examined therein, and exorcized prior to baptism. The days of scrutiny varied at different periods from three to seven. From about the beginning of the 12th century, when it became usual to baptize infants soon after their birth instead of at stated times (Easter and Pentecost), the ceremony of scrutiny was incorporated with that of the actual baptism.[1]

Scrutiny is also a term applied to a method of electing a pope in the Catholic Church, in contradistinction to two other methods, acclamation and accession. In the law of elections, scrutiny is the careful examination of votes cast after the unsuccessful candidate has lodged a petition claiming the seat, and alleging that he has the majority of legal votes. Each vote is dealt with separately, notice being given beforehand by one party to the other of the votes objected to and the grounds of objection.[1]

These human rights scrutiny processes are designed to encourage early and ongoing consideration of human rights issues in policy and legislative development. They also aim to improve parliamentary scrutiny of new laws for consistency with rights and freedoms in the 7 core international human rights treaties to which Australia is a party.

In addition to the scrutiny function, the committee can review existing Acts and conduct broader inquiries on matters related to human rights that the Attorney-General refers to it. In performing these functions, the committee can call for submissions, hold public hearings and call for witnesses. 041b061a72

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