Details the three levels of judicial scrutiny—strict scrutiny, intermediate scrutiny, and rational basis review—used by the Supreme Court to evaluate laws under the Equal Protection Clause. Learn which standard applies to which classification and what the government must prove for each.
What is the test for the "rational basis review" standard?
The law must be "rationally related" to a "legitimate" government interest. This is the lowest standard of review, and the burden of proof is on the person challenging the law.
To which types of legal classifications does "rational basis review" typically apply?
It applies to non-suspect classifications such as age, disability, wealth, and other distinctions that do not involve historically targeted groups.
What is the test for the "intermediate scrutiny" standard?
The law must be "substantially related" to an "important" government interest. The government, not the challenger, bears the burden of proof that the law is justified.
To which type of classification does "intermediate scrutiny" primarily apply?
It is primarily used for classifications based on gender (sex) and legitimacy of birth. It was first established for gender-based cases in *Craig v. Boren* (1976).
What is a "quasi-suspect" classification?
A legal classification, such as gender, that is viewed as less constitutionally problematic than race but more so than ordinary classifications like age. It triggers intermediate scrutiny.
What is the test for the "strict scrutiny" standard?
The law must be "narrowly tailored" to achieve a "compelling" government interest and must be the "least restrictive means" to do so. This is the highest and most difficult standard for a law to pass.
To which types of classifications does "strict scrutiny" apply?
It applies to "suspect classifications," including race, national origin, and religion. It also applies to laws that infringe on fundamental rights like voting, speech, and interstate travel.
What makes a classification "suspect" in the eyes of the court?
A classification is considered suspect if it is based on an immutable characteristic (like race), if the group has been historically discriminated against, and if the group is a 'discrete and insular minority' with little political power.
