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4 Σεπ 2019 · Courts typically apply the intermediate scrutiny test if the law interferes with – – but does not substantially interfere with a right – – such as in certain Second Amendment cases limiting, but not significantly limiting, a person’s right to keep and bear arms.
12 Μαΐ 2020 · Intermediate Scrutiny. The next level of judicial focus on challenged laws is less demanding than strict scrutiny. In order for a law to pass intermediate scrutiny, it must: Serve an important government objective, and; Be substantially related to achieving the objective.
As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
Intermediate scrutiny is a legal test that requires the government to demonstrate an important objective and a substantial relationship between the law and that objective when enacting policies that impact certain groups or rights, striking a balance between strict scrutiny and rational basis review.
INTERMEDIATE SCRUTINY. Benjamin A. Ellis* INTRODUCTION. When analyzing challenges to laws that burden a constitutional right, courts generally adopt some analytical framework for determining whether the burden the law places on exercising that right is appropriate.
Instead, this Article argues for equal protection for children under the Constitution. This Article proceeds in six parts. Part I describes the current doctrinal status of children under the Equal Protection Clause in the Supreme Court, lower federal courts, and state courts.
