Levels of judicial review

Question 1

What are the 3 levels?

Answer 1

rational basis
intermediate-level scrutiny
strict scrutiny

Question 2

Rational basis rule (when will gov’t law, reg or action be upheld?)

Answer 2

when it is RATIONALLY RELATED

to a LEGITIMATE INTEREST

Question 3

Rational basis: who is BOP on?

Answer 3

plaintiff

Question 4

Under rational basis, who usually loses?

Answer 4

plaintiff

Question 5

Intermediate-level scrutiny (when will gov’t law, reg or action be upheld?)

Answer 5

when it is SUBSTANTIALLY RELATED

to an IMPORTANT GOV’T INTEREST

Question 6

When is a law OVERbroad?

Answer 6

when it regulates MORE activity than needed to serve its purpose

Question 7

When is a law UNDERbroad?

Answer 7

when it regulates LESS activity than needed to serve its purpose

Question 8

How much over/under-broadness is tolerated under intermediate-level scrutiny?

Answer 8

a little

Question 9

Intermediate-level scrutiny: who is BOP on?

Answer 9

gov’t

gov’t must show nexus b/w means and ends that’s not TOO over/under-broad

Question 10

Strict scrutiny rule (when will gov’t law, reg or action be upheld?)

Answer 10

only if it is

NARROWLY TAILORED

to achieve a

COMPELLING INTEREST

Question 11

How much over/under-broadness tolerated under strict scrutiny?

Answer 11

NONE

Question 12

Strict scrutiny: who is BOP on?

Answer 12

gov’t

Question 13

Under strict scrutiny, who usually wins?

Answer 13

P

Question 14

Under rational basis, what must P show?

Answer 14

ENDS not conceivably legitimate

and

MEANS not conceivably appropriate