Intermediate Scrutiny

Definition

Intermediate scrutiny is a standard of judicial review used by courts to evaluate laws or government actions that affect certain protected classes or constitutional rights, particularly in cases of discrimination. This level of scrutiny requires that the law in question serve an important government objective and be substantially related to achieving that objective. It often applies in contexts like gender discrimination and restrictions on speech that do not receive full First Amendment protection.

5 Must Know Facts For Your Next Test

1. Intermediate scrutiny is typically applied in cases involving gender discrimination or laws impacting non-suspect classifications.
2. To pass intermediate scrutiny, the government must demonstrate an important interest that justifies the law and prove that the law is substantially related to achieving that interest.
3. This standard is less rigorous than strict scrutiny but more demanding than rational basis review, creating a middle ground for legal analysis.
4. Cases like 'Craig v. Boren' and 'United States v. Virginia' helped define how intermediate scrutiny applies in gender discrimination cases.
5. Intermediate scrutiny reflects the belief that certain groups deserve more protection than others due to historical discrimination, yet not as much as those covered by strict scrutiny.

Review Questions

• What distinguishes intermediate scrutiny from strict scrutiny and rational basis review?
  • Intermediate scrutiny stands out because it balances interests between individual rights and government objectives, focusing on laws affecting certain classes like gender. While strict scrutiny demands a compelling governmental interest for laws affecting race or fundamental rights, rational basis review only requires a legitimate interest with a reasonable connection. Intermediate scrutiny thus operates as a middle layer, protecting groups historically subjected to discrimination without placing as heavy a burden on the government as strict scrutiny.
• Discuss how intermediate scrutiny has been applied in landmark cases related to gender discrimination.
  • Intermediate scrutiny has played a key role in cases such as 'Craig v. Boren,' where the Supreme Court ruled that Oklahoma's law allowing women to purchase beer at a younger age than men was unconstitutional. This case established the precedent that laws based on gender must serve important governmental objectives and be substantially related to achieving those objectives. Another significant case, 'United States v. Virginia,' struck down the male-only admissions policy at the Virginia Military Institute, further reinforcing that any gender-based classification must meet the requirements of intermediate scrutiny.
• Evaluate the impact of intermediate scrutiny on laws concerning speech restrictions and gender discrimination.
  • Intermediate scrutiny influences how courts analyze laws restricting speech and addressing gender discrimination by requiring that these laws promote important governmental objectives while being closely tailored to achieve those goals. For instance, when evaluating laws that limit certain types of speech—such as commercial speech—courts apply intermediate scrutiny to ensure these restrictions are justified and effective without being overly broad. Similarly, in cases of gender discrimination, this standard ensures that legislative measures do not perpetuate stereotypes while still allowing the government to pursue valid interests like promoting equal opportunities in education or employment. The application of this standard helps protect marginalized groups while balancing societal interests.

Related terms

Strict Scrutiny: The highest standard of judicial review, applied to laws that discriminate based on race or infringe on fundamental rights, requiring a compelling governmental interest and narrow tailoring.

Rational Basis Review: The lowest standard of judicial review, where the law only needs to be rationally related to a legitimate government interest, often used for economic regulations.

Equal Protection Clause: A provision in the Fourteenth Amendment of the U.S. Constitution that requires states to provide equal protection under the law to all individuals, serving as a basis for many discrimination claims.