Also known as: heightened standards of review · heightened scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A level of judicial scrutiny more demanding than rational basis review. The government must demonstrate that its classification or regulation serves an important governmental interest and is substantially related to achieving that interest.
Hannah Hale and her husband visit a state clinic seeking contraceptive counseling. The clinic conditions access on mandatory procreation workshops and detailed disclosures of their intimate practices. A court applies the heightened standard of review because the program burdens the protected marital privacy interest and strikes down the conditions.
Highland Farms challenges a city ordinance that limits development on its property to preserve open space. The ordinance requires the farm to dedicate a portion of its land for public use. Under the heightened standard of review the court examines whether the exaction is roughly proportional to the impact of the proposed development.
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Hana Hashimoto applies to register a trademark containing a disparaging term. The Patent and Trademark Office rejects the application under a statutory bar. The court subjects the bar to heightened scrutiny because it restricts protected speech and invalidates the denial.
Hunter Hughes owns a home targeted for condemnation to support a private redevelopment plan. The city claims the taking serves a public purpose through economic development. Dissenting justices invoke a heightened standard of review to determine whether the taking truly advances a public use.
Hassan Hakim's children, who lack lawful immigration status, are denied enrollment in public school under a state statute. The state defends the exclusion as a cost-saving measure. The court subjects the classification to heightened scrutiny because it burdens access to education and invalidates the statute.
Henry Hoffman seeks a building permit for a new store. The city conditions approval on dedicating a strip of land for a bike path. The court applies heightened scrutiny to the exaction and requires the city to show a rough proportionality between the dedication and the impact of the development.
A court applies heightened scrutiny when a law burdens a fundamental right or employs a quasi-suspect classification such as gender. The government must then show an important interest and substantial relation to that interest.
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Heightened scrutiny requires an important governmental interest and substantial relation, while strict scrutiny demands a compelling interest and narrow tailoring. Gender classifications typically receive heightened scrutiny rather than strict scrutiny.
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Federal alienage classifications generally receive only rational basis review because Congress holds plenary power over immigration. State alienage classifications, by contrast, often trigger strict or heightened scrutiny.
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When a city imposes an exaction as a permit condition, heightened scrutiny requires the government to demonstrate rough proportionality between the exaction and the development's impact. The city bears the burden of making this individualized showing.
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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…