Judicial Review Flashcards
1
Q
Rational Basis
A
Government’s law/regulation/action will be upheld if rationally related to legitimate governmental interest.
Challenger bears burden
2
Q
Intermediate Scrutiny
A
Government’s law/regulation/action will be upheld if substantially related to an important governmental interest
Government bears burden, some over/underbreath will be tolerated
3
Q
Strict Scrutiny
A
Government’s law/regulation/action will be upheld if narrowly tailored to achieve a compelling interest
Government bears burden, no over/under breath tolerated.