Intermediate Scrutiny
Intermediate scrutiny is a mid-level standard of judicial review requiring the government to prove that a challenged law serves an important governmental interest and is substantially related to achieving that interest, primarily applied to gender and legitimacy classifications under the Equal Protection Clause.
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Exam Tip
Intermediate scrutiny = "Important + Substantially Related." Applies to GENDER and LEGITIMACY. Craig v. Boren (beer case) established it.
What is Intermediate Scrutiny?
Intermediate scrutiny falls between strict scrutiny and rational basis review. It was developed primarily to address gender-based classifications, recognizing that while gender discrimination warrants heightened review, it does not require the same level as race.
Elements of Intermediate Scrutiny
| Element | Requirement |
|---|---|
| Important Interest | More than legitimate, less than compelling |
| Substantially Related | Close fit between the law and its objective |
| Exceedingly Persuasive Justification | Government must demonstrate actual purpose |
When Intermediate Scrutiny Applies
| Classification | Examples |
|---|---|
| Gender | Laws treating men and women differently |
| Legitimacy | Laws distinguishing between marital and non-marital children |
| Undocumented Children | Education rights (Plyler v. Doe) |
Landmark Cases
- Craig v. Boren (1976): Established intermediate scrutiny for gender
- United States v. Virginia (1996): VMI must admit women
- Sessions v. Morales-Santana (2017): Gender-based citizenship rules violated Equal Protection