What is the difference between strict scrutiny and intermediate scrutiny

Becerra this term, a case in which the appeals court applied intermediate scrutiny to a California law requiring anti-abortion clinics to give notice that abortions are available elsewhere. Write about the Supreme Court case or legal topic of your expertise. Twitter Facebook-f Linkedin-in Instagram. Subscribe for legal news in infographics! Levels of Scrutiny. March 6, Mariam Morshedi. How courts determine if the government is violating the Constitution Courts come up with guidelines to help make determinations.

Determining a Level of Scrutiny The court must determine whether it will be skeptical of government action, or be less nit-picky. Spectrum You can consider the levels of scrutiny as existing on a spectrum: where Rational-Basis Review is at one end and Strict Scrutiny is at the other. Strict Scrutiny Strict Scrutiny is at the opposite end of the spectrum.

Share your Thoughts. About the Author. Before starting Subscript Law, she practiced civil rights law for AARP Foundation, where she litigated housing, consumer and disability rights issues.

Mariam Morshedi. Share this Article. Share on facebook. Share on twitter. Share on linkedin. Share on email. Supreme Court generally to evaluate restrictions on speech in the area of campaign finance, election law and compelled disclosures. It appears to be a form of review somewhere between strict scrutiny and intermediate scrutiny. The three traditional standards of review in constitutional law cases are strict scrutiny , intermediate or heightened scrutiny, and rational basis.

Under strict scrutiny, the government must advance a compelling governmental interest often in the least restrictive means available. Admittedly, the court has not always been consistent in its articulation of strict scrutiny. Sometimes it requires that the challenged governmental method be the least speech restrictive means possible.

Other times, it explains that the government regulation must be very narrowly tailored. Under intermediate scrutiny, the government must advance an important state interest that is substantially related to its objectives. Meanwhile, under rational basis, the government need only advance a legitimate governmental interest. Exacting scrutiny appears to be closer to strict scrutiny than the other two forms.

The Supreme Court used the term in a majority opinion for the first time in Buckley v. But because the government was regulating the broad category of adult videos without regard for the content of any particular video i.

Dallas , 28 F. The court held that because this statute "govern[s] content-neutral regulations of commercial speech," intermediate scrutiny is the appropriate test to use. In Rappa v. New Caste County , 18 F. Please help us improve our site! No thank you. Intermediate Scrutiny Primary tabs Overview Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes this is described in further detail in the next section.