When would a law fail intermediate scrutiny?
Asked by: Sunny Turner | Last update: February 6, 2026Score: 4.3/5 (64 votes)
A law fails intermediate scrutiny when the government cannot prove the law is substantially related to an important governmental interest, meaning the goal isn't significant enough, or the law isn't a good fit (overly broad, underinclusive, or not actually achieving the goal) for that important interest, often seen in sex-based or gender classifications where the means don't align well with promoting equality or diversity.
What triggers intermediate scrutiny?
Finally, there is a middle tier of review, intermediate scrutiny, where the government action must be substantially related to an important government objective. Intermediate scrutiny has typically been applied in cases where someone has been discriminated against because of their sex or gender.
Is intermediate scrutiny hard to pass?
As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.
What happens if a law fails strict scrutiny?
The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional.
Which of the following types of discrimination would call for intermediate scrutiny?
Intermediate scrutiny is primarily applied in cases involving equal protection challenges, particularly those related to gender discrimination and certain rights related to freedom of religion and expression.
When do Courts Apply Strict Scrutiny?
Which kinds of cases involve intermediate scrutiny?
But we can't just list things that important interests but not compelling interests. For the most part, intermediate scrutiny comes up when we get to sex/gender discrimination under the Equal Protection Clause. It also applies to some First Amendment issues which are beyond the scope of this course.
What are the 7 types of discrimination?
While there isn't a universal "7 types" list, discrimination is broadly categorized by the protected characteristics people are unfairly treated for, commonly including Race/Color, Religion, Sex (Gender, Pregnancy, LGBTQ+ status), National Origin, Age, Disability, and Genetic Information, with variations like harassment, retaliation, and familial status also recognized, all stemming from treating someone differently based on these inherent traits.
In which of the following situations would a law be subject to strict scrutiny?
To pass the strict scrutiny test, a law must be narrowly tailored to serve a compelling government interest. The same test applies whether the racial classification aims to benefit or harm a racial group. Strict scrutiny also applies whether or not race is the only criteria used to classify.
What is the strictest scrutiny?
Strict scrutiny is a form of judicial review that courts in the United States use to determine the constitutionality of government action that burdens a fundamental right or involves a suspect classification (including race, religion, national origin, and alienage).
Which law is most likely to pass the strict scrutiny test?
The law that is most likely to pass the strict scrutiny test is a law that prevents people of specific background from moving into public housing.
Which law would a court most likely use scrutiny to examine?
Strict scrutiny is the most stringent test courts typically apply and is reserved for laws that restrict the most fundamental rights. Sometimes a state constitution will specify that a right is fundamental, but often it is left to state courts to determine whether a particular state constitutional right qualifies.
What does "intermediate" mean in law?
A term referring to something that is positioned, occurring, or pertaining to the middle stage, place, or degree between two extremes. In the legal context, it relates to a level of careful examination by a court in an equal protection case.
What is legitimacy under intermediate scrutiny?
Intermediate scrutiny: Intermediate scrutiny is the legal standard used certain specific areas to determine if a law is constitutional. It requires the government to prove the law serves an important government interest and that the law or action at issue is substantially related to achieving that interest.
What type of speech triggers strict scrutiny?
Typically, laws that regulate speech based on its content (i.e., its subject matter, topic, or viewpoint) receive strict scrutiny, except for regulations of commercial speech (e.g., product advertisements), which typically receive intermediate scrutiny.
What are the three types of judicial review?
The three main types of judicial review standards (or levels of scrutiny) in U.S. constitutional law are Strict Scrutiny, Intermediate Scrutiny, and the Rational Basis Test, determining how closely courts examine government actions, with strict scrutiny being the highest and rational basis the lowest, affecting burdens of proof and deference to the legislature. Alternatively, in UK administrative law, the grounds for judicial review are often categorized as Illegality, Procedural Unfairness, and Unreasonableness (Irrationality).
Which characteristic is considered under the ordinary scrutiny test rather than the strict or intermediate scrutiny tests?
The characteristic considered under the ordinary scrutiny test is rational basis. This test assesses whether a government action is rationally related to a legitimate interest, applied in cases of economic and social policies. It is the lowest level of scrutiny compared to strict and intermediate scrutiny tests.
What is an example of a strict scrutiny case?
The court used to apply a form of strict scrutiny more frequently in free exercise clause cases, such as Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972), but the court changed the standard in free exercise clause cases in Employment Division v. Smith (1990).
What are examples of scrutiny?
A scrutiny example involves a politician's finances facing close media and public examination, a scientific theory undergoing rigorous peer review and data checking, or a detective carefully inspecting a crime scene for tiny clues; it's any detailed, critical inspection to find flaws or gain deep understanding, often when something is under suspicion or requires validation.
What is the heightened scrutiny law?
Heightened scrutiny is typically applied in cases involving gender discrimination and illegitimacy, ensuring a higher level of judicial review than laws evaluated under the rational basis test. The standard was established in landmark cases like Craig v.
What is the burden of proof for strict scrutiny?
Content-based regulations are presumed unconstitutional, and under strict scrutiny the government has the burden of proving that: It has a compelling government interest in regulating the speech. The regulation is narrowly tailored to meet the compelling interest.
What does scrutiny mean in Court?
Judicial scrutiny is a legal framework used by courts, particularly the Supreme Court, to evaluate the constitutionality of government actions.
Which of the following governmental classifications would face strict judicial scrutiny as a suspect classification?
Strict scrutiny is applied to laws affecting racial minorities. State laws may include affirmative action policies that consider race.
How to prove you are being discriminated against?
The 4 Legal Criteria Needed to Prove Discrimination at Work
- You Belong to a Protected Class. ...
- Your Employer Made an Adverse Employment Decision. ...
- You Met Reasonable Expectations for Job Performance, Job Qualifications, or Availability to Work. ...
- Your Employer's Adverse Actions Suggest Discrimination.
What is indirect discrimination?
Indirect discrimination is the legal term that describes situations when policies, practices or procedures are put in place that appear to treat everyone equally but, in practice, are less fair to those with a certain protected characteristic under the Equality Act 2010.
What is reverse discrimination?
“Reverse discrimination” involves a claim by a non-minority individual that they were discriminated against on the basis of race, or other characteristics or attributes.