Also known as: middle-level standard of review · middle level standards of review · intermediate scrutiny · intermediate standard of review
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 a challenged classification serves an important governmental objective and that the means are substantially related to achieving that objective.
Monica Morgan and her husband jointly own their home. State law designates the husband as head of household and permits him to sell the property without her consent. Monica challenges the statute after an unauthorized sale. The court applies the middle level standard of review to the gender classification and finds no substantial relationship to an important governmental objective.
Mercury Industries operates a cable system. A federal rule requires carriage of certain local stations on designated channels. Mercury claims the mandate burdens its programming choices. The court applies the middle level standard of review to the content-neutral regulation and examines whether it advances important interests without burdening substantially more speech than necessary.
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Miguel Mendoza seeks admission to a state military academy that excludes women. The academy defends the single-sex policy as advancing leadership training. The court applies the middle level standard of review to the gender classification and requires the state to supply an exceedingly persuasive justification substantially related to an important objective.
Michael Miller seeks support for his nonmarital child six years after birth. State law imposes a six-year limit on such claims while allowing marital children to seek support indefinitely. The court applies the middle level standard of review to the illegitimacy classification and finds no substantial relationship to the state's interest in preventing stale claims.
Momentum Capital holds copyrights set to expire under prior law. A new statute extends terms for existing works. Momentum argues the extension lacks sufficient justification. The court applies the middle level standard of review to assess whether the extension serves important interests without unduly burdening speech interests.
Melanie Morris seeks to register a trademark containing a disparaging term. The PTO denies registration under a statutory bar. Morris challenges the denial as viewpoint discrimination. The court applies the middle level standard of review to determine whether the regulation advances important interests unrelated to suppression of speech.
The middle level standard of review applies to gender classifications and classifications based on illegitimacy. It also governs content-neutral regulations of speech. The government must show an important objective and a substantial relationship between the classification and that objective.
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The government must supply an exceedingly persuasive justification that the classification is substantially related to an important governmental objective. The justification must be genuine rather than hypothesized and may not rely on overbroad generalizations.
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Strict scrutiny requires a compelling governmental interest and narrow tailoring. The middle level standard requires only an important interest and substantial relationship. Gender and illegitimacy classifications receive the middle level standard rather than strict scrutiny.
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No. All racial classifications receive strict scrutiny regardless of whether they confer benefits or impose burdens. Earlier cases applying the middle level standard to certain benign racial classifications were overruled.
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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…