If the state of Louisiana treats "white people" differently than African-Americans, which test must the government use to justify this difference?

When a government action distinguishes between different racial groups, such as treating "white people" differently than African-Americans, it invokes what is known as a "suspect classification." In legal contexts, suspect classifications refer to groups that have historically faced discrimination and, as a result, any governmental differentiation based on their race is subject to strict scrutiny.

To justify such a distinction, the government must meet a high standard known as the compelling interest test. This means the government must demonstrate that the discrimination serves a compelling state interest and that the action taken is necessary to achieve that interest. The standard is demanding, requiring not only a significant justification but also that there are no less discriminatory means to achieve the same outcome.

The compelling interest test ensures that laws or policies that treat individuals differently based on their race are subjected to rigorous examination due to the serious implications of discrimination. This heightened scrutiny is in place to protect the rights of individuals in suspect classes, as it is crucial to prevent arbitrary or unjustified applications of power by the government.

In summary, when a law differentiates between races, the government must successfully navigate the compelling interest test to validate its actions, thus reinforcing the sensitivity and legal protections surrounding issues of racial discrimination.