Also known as: heightened review standards · heightened standard of review · heightened scrutiny · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review more demanding than rational basis review. Courts apply it to gender classifications and certain fundamental rights claims. The government must demonstrate that the classification or restriction serves an important objective and bears a substantial relationship to that objective.
Harper Hill and Hugo Hart, a married couple, seek to purchase contraceptives at a local pharmacy. State law prohibits their sale to married persons. The couple sues, arguing the ban invades marital privacy. The court applies the heightened review standard and invalidates the statute because the state offers no important interest substantially advanced by the restriction.
Hana Huang and Harold Hunt jointly own rental properties. A state statute permits only the husband to mortgage or sell the assets. Hana sues after the county recorder rejects a deed she signs alone. The court applies the heightened review standard and strikes down the statute because the gender distinction lacks an exceedingly persuasive justification.
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Harmony Retail operates large hotels subject to a city ordinance requiring one dedicated channel for tourism and emergency alerts. The company sues, claiming the mandate burdens its programming choices. The court applies the heightened review standard and upholds the rule because the city advances important interests without burdening substantially more speech than necessary.
Heidi Henderson applies to a state university program open only to male students. The university defends the exclusion as advancing workforce development. The court applies the heightened review standard and invalidates the policy because the justification rests on overbroad generalizations rather than a genuine important objective.
Hunter Hughes owns land targeted for economic redevelopment. The city condemns the parcel under a statute authorizing takings for private development. The court evaluates the public-use justification under applicable constitutional standards.
Helios Energy seeks to advertise energy conservation services. A state commission prohibits promotional advertising by utilities. The court applies the heightened review standard to determine whether the restriction directly advances substantial state interests without suppressing more speech than necessary.
Courts apply the heightened review standard to explicit gender classifications and to certain fundamental rights such as marital privacy. The government must then prove an important objective and a substantial relationship between the classification and that objective. Rational basis applies to most economic and social legislation.
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The government must supply an exceedingly persuasive justification that is genuine rather than hypothesized. It must also show the classification is substantially related to an important governmental objective. Overbroad generalizations about gender roles do not satisfy this burden.
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Heightened review, also called intermediate scrutiny, requires an important interest and substantial relationship. Strict scrutiny demands a compelling interest and narrow tailoring. Gender classifications and content-neutral speech rules typically receive heightened review rather than strict scrutiny.
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Federal alienage classifications generally receive rational basis review rather than heightened review. Congress possesses plenary power over immigration and benefits, so distinctions between citizens and noncitizens need only be rational and not arbitrary.
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…scrutiny under the doctrine of "substantive due process." Roe and Casey , of course, subjected the restriction of abortion to heightened scrutiny without even attempting to establish that the freedom to abort was rooted in this Nation's tradition. (2) Bowers , the Court says, has been subject to "substantial and continuing…