Also known as: intermediate scrutiny test · intermediate scrutiny · intermediate scrutiny standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard of constitutional review requiring the government to demonstrate that a classification or regulation serves an important governmental objective and is substantially related to achieving that objective.
Ingrid Innes and her husband Mark co-own farmland. A state statute automatically names the husband head of household and lets him pledge the joint assets alone. Ingrid sues after Mark encumbers the property without her consent. The court applies intermediate scrutiny and invalidates the statute because the gender line lacks an exceedingly persuasive justification substantially related to any important objective.
Interlink Communications operates a cable system. A federal order requires it to carry local broadcast channels on designated tiers, displacing some of its own programming. Interlink challenges the rule as burdening speech. The court subjects the content-neutral regulation to intermediate scrutiny and upholds it after finding the mandate advances important interests in broadcast access without burdening substantially more speech than necessary.
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Ines Ibarra, a married state-university professor, seeks to license jointly owned course materials. A statute lets married male professors act unilaterally but requires wives to obtain spousal consent. Ines sues after her husband withholds approval. The court applies intermediate scrutiny, finds the gender classification rests on stereotypes rather than a genuine important interest, and strikes the statute down.
Ibrahim Iqbal seeks support for his nonmarital child six years after birth. A statute imposes a six-year limit on paternity actions for nonmarital children while allowing marital children to sue at any time. Ibrahim challenges the distinction. The court subjects the illegitimacy classification to intermediate scrutiny and invalidates the shorter limit because the state failed to show a substantial relationship to preventing stale claims.
Iris Irons posts directional signs for her church services on public property. A town ordinance treats ideological signs differently from directional signs and imposes stricter limits on the latter. Iris sues after the town removes her signs. The court determines the distinction is content-based and applies strict scrutiny rather than intermediate scrutiny, striking the ordinance.
Inertia Dynamics holds copyrights in classic films. A federal statute extends copyright terms by twenty years for existing works. Inertia sues after competitors exploit works whose terms would have expired. The court reviews the extension under rational-basis review and upholds it without applying intermediate scrutiny.
The government must show an exceedingly persuasive justification that the classification serves an important governmental objective and is substantially related to achieving that objective. The justification must be genuine and may not rely on overbroad generalizations about gender roles.
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Yes. Content-neutral regulations such as must-carry rules for cable operators are subject to intermediate scrutiny. 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.
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Classifications based on illegitimacy receive intermediate scrutiny and must be substantially related to an important governmental objective. A statute imposing a shorter limitations period on paternity suits for nonmarital children fails the test when the state cannot show the limit actually prevents stale or fraudulent claims.
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The statute creates a facial gender classification subject to intermediate scrutiny. Courts strike it down because the classification rests on outdated assumptions about household roles and is not substantially related to any important governmental objective such as administrative efficiency.
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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…