Intermediate scrutiny

Definition

Intermediate scrutiny is a standard of judicial review used by courts to evaluate laws or government actions that involve discrimination based on gender or illegitimacy. Under this standard, the government must show that the law serves an important government interest and is substantially related to achieving that interest. This level of scrutiny strikes a balance between the strict scrutiny applied to fundamental rights and the rational basis review used for non-fundamental rights.

5 Must Know Facts For Your Next Test

1. Intermediate scrutiny was established in the Supreme Court case Craig v. Boren (1976), which struck down a gender-based law as unconstitutional.
2. This standard requires that a law's classification must be substantially related to an important government objective, unlike strict scrutiny which demands a compelling interest.
3. Intermediate scrutiny often applies to cases involving gender discrimination and legitimacy discrimination, reflecting societal recognition of these issues.
4. Under intermediate scrutiny, the burden of proof lies with the government to demonstrate that its action is justified, as opposed to rational basis review where the burden lies with the challenger.
5. Intermediate scrutiny is seen as a middle ground between strict scrutiny and rational basis review, aiming to protect against discriminatory practices without imposing overly harsh requirements on legislative actions.

Review Questions

• What criteria must be met for a law to pass intermediate scrutiny, and how does this standard differ from strict scrutiny?
  • For a law to pass intermediate scrutiny, it must serve an important government interest and be substantially related to achieving that interest. This contrasts with strict scrutiny, where laws must meet a higher threshold by showing a compelling government interest and being narrowly tailored. Intermediate scrutiny recognizes the need for some level of protection against discrimination while still allowing more legislative flexibility compared to strict scrutiny.
• Discuss a significant Supreme Court case that utilized intermediate scrutiny and its impact on gender discrimination laws.
  • One landmark case that employed intermediate scrutiny is Craig v. Boren (1976). In this case, the Supreme Court ruled against an Oklahoma law that allowed women to purchase beer at a younger age than men. The Court found that the law was not substantially related to an important government objective, thus violating the Equal Protection Clause. This case set a precedent for using intermediate scrutiny in cases involving gender discrimination and significantly advanced women's rights.
• Evaluate how intermediate scrutiny addresses issues of gender discrimination within the broader context of civil rights advancements in America.
  • Intermediate scrutiny plays a crucial role in addressing gender discrimination by providing a judicial framework that acknowledges and responds to inequalities faced by women. By requiring that laws serve an important government interest and be closely related to achieving it, this standard ensures that discriminatory practices are challenged more rigorously than under rational basis review. This has been essential in advancing civil rights, particularly in pushing back against outdated stereotypes and fostering equality, aligning with broader movements toward justice and equal treatment across various demographics in American society.

Related terms

Strict Scrutiny: A rigorous standard of judicial review applied to laws that infringe on fundamental rights or involve suspect classifications, requiring the government to prove a compelling interest and that the law is narrowly tailored.

Rational Basis Review: The lowest level of scrutiny applied by courts when evaluating laws, which requires that the law be rationally related to a legitimate government interest.

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