What is the Intermediate Scrutiny Standard for reviewing a law for Constitutionality?

Intermediate Scrutiny is a special standard used to determine when certain laws are Constitutional. 

Intermediate Scrutiny is often applied when a law only partially affects a suspect class or the rights involved border upon fundamental rights.

It requires that the law further an “Important Government Interest“. 

It must do so in a manner that is “Substantially Related” to the objective. 

What does Intermediate Scrutiny require?

As stated above, the intermediate scrutiny standard requires that the law further an important government interest. 

It must do so in a manner that is substantially related to the objective. 

When laws only partially affect a suspect class or the rights involved border upon fundamental rights, this intermediate level of scrutiny applies. 

This standard has been applied in determining the constitutionality of: 

• laws or government action based upon sex; 
• laws affecting the status of undocumented or illegal immigrants; 
• restrictions on rights to own firearms; and 
• content-neutral restrictions on free speech. 

The standard originated in the case, Craig v. Boren (1976), where the plaintiff challenged a law allowing females to purchase alcohol at a younger age than males.

• Example: The city of Atlantis passes an ordinance limiting the ability of individuals to own a firearm without first undertaking a gun safety course, passing a background check, and filing for a permit from the locality. This statute affects an individuals 2nd Amendment rights to own a firearm, but it does not prohibit it. As such, this scenario would likely be evaluated under intermediate scrutiny. Atlantis must demonstrate an important government interest, such as the reduction of a high level of gun violence in the jurisdiction. The statute must be substantially related to achieving that objective. The constitutionality of the statute would turn on the interest of the state versus the burden that it places on an individuals constitutionally protected right.

Related Concepts

• What is Included in the US Constitution?
• What is the Commerce Clause?
• What is the Taxing and Spending Power?
• Standards for Constitutionality of Laws
• Minimum Rationality
• Strict Scrutiny
• What are Judicial Restraint vs Judicial Activism