And so the modern courts have muddled through by developing three different “levels of scrutiny” for equal protection analysis, from most to least stringent: strict scrutiny, intermediate (or “heightened” scrutiny), and rational basis review. The first is the hardest test for a legislature to pass, and is applied to groups identified as a “suspect class.” Race is the paradigmatic category here, and the courts have added “alienage” (foreign citizenship) and national origin to this level of scrutiny as well. To defend a law employing such distinctions, a state must bear the burden of showing a “compelling interest,” and employ means “narrowly tailored” to achieving that interest. It is, and should be, hard to defend a law that favors and disfavors persons based on race or ethnicity.