Korematsu: The First Articulation of Strict Scrutiny in Affirmative Action

The court says the school's admission criteria explicitly considers race. So, you know, that's discriminating on race. Which is called strict scrutiny. And so laws almost never pass this test. It's very rare. They're almost always found to be unconstitutional when a court applies it. The first time they articulated was interning Japanese Americans. That survived strict scrutiny.