What is 'intermediate scrutiny' used for?

What is 'intermediate scrutiny' used for?

• A. Gender-based classifications; substantial relationship to important government objective
• B. Race-based classifications; compelling government interest
• C. Economic regulations; rational basis review
• D. Age-based classifications; heightened scrutiny

Answer: (C)

Intermediate scrutiny is the middle tier of constitutional review used for classifications based on sex. Under this standard, the government must show that the law or policy is substantially related to an important objective. It’s stricter than rational basis review, which applies to most economic regulations and requires only a reasonable connection to a legitimate government interest, but it’s less demanding than strict scrutiny, which requires a compelling interest and narrowly tailored means and is used for race, national origin, and certain fundamental-right cases. So, gender-based classifications are evaluated with intermediate scrutiny because they’re treated as a closer call than purely economic rules, yet not as constitutionally demanding as race-based or other fundamental-right distinctions.

Intermediate scrutiny is the middle tier of constitutional review used for classifications based on sex. Under this standard, the government must show that the law or policy is substantially related to an important objective. It’s stricter than rational basis review, which applies to most economic regulations and requires only a reasonable connection to a legitimate government interest, but it’s less demanding than strict scrutiny, which requires a compelling interest and narrowly tailored means and is used for race, national origin, and certain fundamental-right cases. So, gender-based classifications are evaluated with intermediate scrutiny because they’re treated as a closer call than purely economic rules, yet not as constitutionally demanding as race-based or other fundamental-right distinctions.