Also known as: intermediate scrutiny · intermediate level scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review requiring that a classification serve an important governmental objective and be substantially related to achieving that objective. The government bears the burden of proof and must supply an exceedingly persuasive justification that is genuine rather than hypothesized.
Select any source to read its text and confirm it supports the definition.
Isabella Ingram and her husband jointly owned a duplex purchased as a marital investment. A state statute designated the husband as head of household and authorized him alone to encumber the property. The husband executed a deed of trust on the duplex to secure his separate business loan. Isabella challenged the statute in federal court on equal protection grounds.
Ira Irving operated a cable system serving multiple communities. A federal regulation required carriage of local broadcast stations on his channels without additional compensation. The rule displaced fifteen percent of available capacity previously used for premium programming. Ira sued the agency claiming the mandate violated the First Amendment.
Ibrahim Iqbal applied to a state-supported military college that admitted only men. The institution defended the single-sex policy as necessary to preserve its distinctive educational environment. Ibrahim sued state officials alleging an unconstitutional gender classification. The record contained no evidence that women could not succeed in the program.
India Inoue gave birth to a child outside marriage. State law imposed a six-year deadline for filing a paternity action on behalf of nonmarital children but allowed marital children to seek support indefinitely. India filed suit after the deadline had passed. She challenged the statute on equal protection grounds.
Isaac Irving sought a permit to operate a supervised residence for adults with intellectual disabilities. City officials denied the application citing neighbor concerns about safety and emergency response. No data showed heightened risks compared with other residential uses. Isaac sued alleging the denial violated equal protection.
Ilana Isaacs owned copyrights in musical compositions. A federal statute extended the term of existing copyrights by twenty years. Ilana challenged the extension as exceeding Congress's enumerated powers. The statute applied uniformly without regard to any classification based on gender or legitimacy.
Gender classifications receive intermediate scrutiny. The government must demonstrate an exceedingly persuasive justification showing the classification serves an important objective and is substantially related to that objective.
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No. Such a statute creates a facial gender classification that rests on outdated stereotypes rather than an important governmental objective substantially advanced by the means chosen.
…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…
…that mental retardation was a quasi-suspect classification and that it should assess the validity of the ordinance under
…"not more extensive than is necessary to serve that interest." Ante , at 564 and 566. I agree with the Court that this
…errs in arguing that the only thing actually at issue here is conduct, not speech, and that the correct standard of review is intermediate scrutiny
…scrutiny. However, Metro Broadcasting had held that certain "benign" federal racial classifications need only satisfy
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Content-neutral regulations such as must-carry rules for cable operators receive intermediate scrutiny. The government must show the regulation advances important interests unrelated to speech suppression and does not burden substantially more speech than necessary.
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Classifications based on illegitimacy receive intermediate scrutiny. They must be substantially related to an important governmental objective such as preventing stale claims, and a six-year limitations period that treats nonmarital children differently fails this test.
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Mental retardation is not a quasi-suspect class. Although the group has faced historical prejudice and lacks political power, the classification receives rational basis review because it is relevant to many legitimate legislative distinctions.
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