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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.
The following list contains examples of cases in which the Court has ruled that the purpose behind the state action at issue did not satisfy the important government interest prong of the intermediate scrutiny test: Preservation of female chastity (Michael M. case) Diversity through single-sex education ( U.S. v. Virginia (VMI Case))
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.
Intermediate Scrutiny Examples: Examples include the Supreme Court cases Craig v. Boren and United States v. Virginia, which involved gender discrimination i.e., different drinking ages for men and women and a male-only admissions policy, respectively.
How does intermediate scrutiny differ from strict scrutiny and rational basis review? Who decides if intermediate scrutiny applies in a given case? How is intermediate scrutiny applied by the courts?
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).
The First Amendment “intermediate scrutiny” tier was born as a product of the merger of several distinct and narrow branches of the Supreme Court’s jurisprudence and, over the years, has attained central importance in the overall structure of free speech law.
