Â Harlan Stone first proposed this concept in his opinion about a case that dealt with the shipping of milk products across state lines; that opinion's (*) Footnote Four stated that, though the rational basis test had been applied in the Carolene Products case, there might be cause for a more stringent test when racial prejudices were at stake.
The Supreme Court notably did not apply this concept in the case of Arlington Heights v. Metropolitan Housing Corp. Â William Douglas claimed that sterilization laws should be subject to this concept in his opinion to the case of Skinner v. Oklahoma. Â Harlan Stone first proposed this concept in his opinion about a case that dealt with the shipping of milk products across state lines; that opinion's (*) Footnote Four stated that, though the rational basis test had been applied in the Carolene Products case, there might be cause for a more stringent test when racial prejudices were at stake. Â This concept, often said to be "fatal in practice," was applied in the Korematsu case, though the law in question was upheld. Â For 10 points, name this most severe standard of judicial review in the U.S.
The Supreme Court notably did not apply this concept in the case of Arlington Heights v. Metropolitan Housing Corp.
strict scrutiny