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Almost every law that comes under strict scrutiny has been reversed, and almost every law that has come under rational scrutiny has been upheld. The different levels of scrutiny define the different standards the state law must pass. For a law to pass strict scrutiny, it must be narrowly tailored and least restrictive and the state must have a compelling state interest for its enactment. For a law to pass rational scrutiny, it must be rational (the law can be over-inclusive and under-inclusive) and the state has to show that it was accomplished legally. The state only has to show that the reason for its enactment is legitimate. The burden of proof also shifts from the defendant in rational scrutiny to the state in strict scrutiny.

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