Which statement best describes intermediate scrutiny?

Which statement best describes intermediate scrutiny?

• A. Strict Scrutiny
• B. Rational Basis
• C. Intermediate Scrutiny
• D. Clear and convincing evidence

Answer: (C)

Intermediate scrutiny is the level of review used for government classifications that aren’t about fundamental rights or suspect classes. It requires that the law or policy distinguishing groups be substantially related to an important government objective. It sits between rational basis (where any legitimate interest suffices and the relation can be weak) and strict scrutiny (which demands a compelling interest and narrowly tailored means). In practice, this means the government must show the means chosen meaningfully advances an important objective, and the relationship is not just plausible but substantial. A common context for this standard is gender-based classifications, which courts treat with this heightened but not the most stringent level of scrutiny. The phrase “clear and convincing evidence” is a separate civil-procedure standard, not a level of scrutiny for assessing constitutional classifications.

Intermediate scrutiny is the level of review used for government classifications that aren’t about fundamental rights or suspect classes. It requires that the law or policy distinguishing groups be substantially related to an important government objective. It sits between rational basis (where any legitimate interest suffices and the relation can be weak) and strict scrutiny (which demands a compelling interest and narrowly tailored means). In practice, this means the government must show the means chosen meaningfully advances an important objective, and the relationship is not just plausible but substantial. A common context for this standard is gender-based classifications, which courts treat with this heightened but not the most stringent level of scrutiny. The phrase “clear and convincing evidence” is a separate civil-procedure standard, not a level of scrutiny for assessing constitutional classifications.