Also known as: intermediate standards of review · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review positioned between rational basis review and strict scrutiny. It requires that a classification be substantially related to an important governmental objective and demands an exceedingly persuasive justification from the government.
Isabelle Inman and her husband jointly own farmland. A state statute automatically designates the husband as head of household and lets him sell the land without Isabelle's consent. Isabelle challenges the statute under the Equal Protection Clause. The court applies intermediate scrutiny and invalidates the statute because the gender classification lacks a substantial relationship to an important governmental objective.
Integrity Partners operates cable systems. A federal rule requires carriage of local broadcast stations and displaces some of the operator's preferred programming. Integrity Partners sues, claiming a First Amendment violation. The court applies intermediate scrutiny and upholds the rule after finding that it advances important interests unrelated to speech suppression and does not burden substantially more speech than necessary.
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Isabella Ingram seeks admission to a state-supported military college that admits only men. The state defends the policy as preserving educational diversity. Isabella sues under the Equal Protection Clause. The court applies intermediate scrutiny and strikes down the policy because the state fails to provide an exceedingly persuasive justification substantially related to an important objective.
Idris Ives, a nonmarital child, seeks support from his father more than six years after birth. A state statute bars such suits after six years for nonmarital children but imposes no limit for marital children. Idris challenges the statute. The court applies intermediate scrutiny and invalidates the limitation because it is not substantially related to the state's interest in preventing stale claims.
Ivy Investments seeks to acquire Ironclad Industries. The target board adopts deal-protection measures that lock up the transaction. A competing bidder challenges the measures. The court applies an intermediate standard of review to determine whether the measures are preclusive or coercive under the circumstances.
Isaiah Ishikawa proposes a group home for adults with intellectual disabilities. The city denies the permit solely because of neighbors' fears about the residents. The developer sues under the Equal Protection Clause. The court applies rational basis review rather than intermediate scrutiny and invalidates the denial because bare prejudice supplies no legitimate governmental interest.
Gender classifications receive intermediate scrutiny. The government must demonstrate an exceedingly persuasive justification showing that the classification is substantially related to an important governmental objective.
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Intermediate scrutiny requires a substantial relationship to an important objective rather than narrow tailoring to a compelling interest. The government bears the burden of proof but the standard is less demanding than strict scrutiny.
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No. Classifications involving persons with intellectual disabilities receive rational basis review. Bare prejudice or fear does not supply a legitimate governmental interest even under that deferential standard.
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The government must show that the regulation advances important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary.
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…holding attempted by RFRA. Even assuming RFRA would be interpreted in effect to mandate some lesser test, say, one equivalent to intermediate scrutiny, the statute nevertheless would require searching judicial scrutiny of state law with the attendant likelihood of invalidation. This is a considerable congressional intrusion into the…