Levels of Judicial Review

Question 1

Strict Scrutiny

Answer 1

Government action presumptively = INVALID

Defenders Burden is to prove that:
Law or Government action is NECESSARY to accomplishing a COMPELLING government action

Question 2

Intermediate Scrutiny

Answer 2

“Possibly Invalid” = Presumptively invalid

Defender’s Burden is to prove:

1) The actual purpose of the statute is important
2) Statute / Action is substantially related to the accomplishment of that actual purpose.

Question 3

Minimal Scrutiny (Default Level of Review)

Answer 3

Presumption = Statute or Government Action is VALID.

Burden on Challenger to Prove that:
The Law, Regulation, or Executive act IS NOT Rationally related to a “Legitimate Government Objective”

• Level of Scrutiny = Very Deferential to Branches of Government

Government only needs:

1) Legitimate Reason for acting
2) action = within the power of Government.
3) Not Violating Constitution.
- generally accepting of any hypothetical objective whether or not it was the actual objective.