Also known as: intermediate reviews · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review positioned between rational basis and strict scrutiny. The government must demonstrate that the challenged classification serves an important governmental objective and that the means are substantially related to achieving that objective. The justification must be genuine and may not rest on overbroad generalizations or stereotypes.
Leah and Mark co-own farmland and equipment under a state farm-credit statute that automatically designates the husband as head of household. Mark alone pledges the assets to secure a loan. Leah sues, claiming the statute denies her equal control solely because of her sex. The court applies intermediate review and invalidates the statute because the gender line is not substantially related to any important governmental interest in efficient lending.
A federal order requires cable operators to carry local broadcast channels on their systems. Elm Solar, a regional grid operator with customer portals, challenges the displacement of its own conservation content. The court subjects the content-neutral mandate to intermediate review and upholds it after finding that the rule advances grid stability without burdening substantially more speech than necessary.
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A state university statute permits married male professors to license jointly owned courseware without spousal consent but requires married female professors to obtain consent. Professor Linda Chen's husband withholds consent and blocks a license. Linda sues under the Equal Protection Clause. The court applies intermediate review, finds no exceedingly persuasive justification, and strikes down the gender classification.
A state statute imposes a six-year limit on paternity actions brought on behalf of nonmarital children while allowing marital children to seek support at any time. A nonmarital child’s representative sues after the period expires. The court subjects the illegitimacy classification to intermediate review and invalidates the statute because the state failed to show a substantial relationship to preventing stale claims.
Cedar Homes seeks rezoning to operate a small group home for adults with intellectual disabilities. Neighbors object solely on the basis of prejudice against the prospective residents. The city council denies the permit. The court evaluates the denial under rational basis review but notes that intermediate review would apply to gender or illegitimacy classifications and invalidates the action because bare animus supplies no legitimate interest.
Eldred operates an online archive that relies on public-domain works. A federal statute extends copyright terms for existing works. Eldred challenges the extension as violating the First Amendment. The court reviews the regulation under a deferential standard and upholds the statute.
The government must show an important governmental objective and a substantial relationship between the classification and that objective. The justification must be genuine and may not rely on overbroad generalizations about the roles of men and women.
Yes. Content-neutral regulations such as must-carry rules for cable operators are subject to intermediate review. The government must demonstrate that the regulation advances important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary.
Rational basis review requires only a legitimate interest and a rational relationship, while intermediate review demands an important interest and a substantial relationship. Gender and illegitimacy classifications trigger intermediate review rather than rational basis.
No. Reliance on outdated assumptions about husbands as heads of household or similar stereotypes fails intermediate review. The government must supply an exceedingly persuasive justification that is substantially related to a genuine important objective.
…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…