Also known as: intermediate scrutiny · intermediate standard of review · mid-level scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under which a classification or regulation must serve an important governmental objective and be substantially related to achieving that objective. The government bears the burden of providing an exceedingly persuasive justification that is genuine rather than hypothesized.
Idris Ives and his wife jointly own farmland. A state statute designates the husband as head of household and permits him alone to pledge the assets for a loan. His wife sues, claiming the statute violates equal protection. The court applies intermediate scrutiny and strikes down the law because the gender classification is not substantially related to any important governmental objective.
Ingrid Innes operates a cable system. A federal rule requires her to carry local broadcast stations on her channels. She challenges the rule as burdening speech. The court applies intermediate scrutiny, upholds the regulation because it advances important interests in preserving free television unrelated to suppressing speech, and finds the burden is not substantially greater than necessary.
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India Inoue applies to a state military college that admits only men. She sues after denial. The court subjects the gender classification to intermediate scrutiny. The state fails to supply an exceedingly persuasive justification showing the exclusion is substantially related to an important objective without relying on overbroad stereotypes.
Ilana Isaacs seeks support for her nonmarital child six years after birth. A statute bars such suits after six years while allowing marital children to seek support indefinitely. She challenges the classification. The court applies intermediate scrutiny and invalidates the rule because the state shows no substantial relationship between the time limit and preventing stale claims.
Iain Irons runs a utility company. A state commission prohibits promotional advertising to conserve energy. He challenges the ban. The court applies intermediate scrutiny to the commercial speech restriction, requires the state to show the rule directly advances a substantial interest, and evaluates whether the means are no more extensive than necessary.
Israel Irving bids on a federal highway project. The government awards bonus points only to subcontractors owned by members of specified racial groups. He sues. The court rejects intermediate scrutiny for the racial classification and requires strict scrutiny instead, holding that all racial classifications demand a compelling interest and narrow tailoring.
Important interests include preventing teenage pregnancy, preserving free television access, and promoting grid stability. The interest must be genuine and the classification must be substantially related to it without relying on stereotypes.
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The government bears the burden to demonstrate an exceedingly persuasive justification. It must show both an important objective and a substantial relationship between the classification and that objective.
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No. All racial classifications receive strict scrutiny regardless of whether they confer benefits or burdens. Intermediate scrutiny applies to gender and illegitimacy classifications and certain content-neutral speech regulations.
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The classification fails intermediate scrutiny. Overbroad generalizations about traditional roles or physical capacities do not supply an exceedingly persuasive justification and cannot justify treating men and women differently.
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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…