Levels of Scrutiny Flashcards
1
Q
Levels of Scrutiny
Levels of Scrutiny: Rational Basis Review (RBR)
A
A law will be upheld if it is RATIONALLY RELATED to a LEGITIMATE government purpose.
- Challenger bears the burden of proof.
2
Q
Levels of Scrutiny
Levels of Scrutiny: Intermediate Scrutiny (IS)
A
A law will be upheld if it is SUBSTANTIALLY RELATED to an IMPORTANT government purpose.
- Government bears the burden of proof.
3
Q
Levels of Scrutiny
Levels of Scrutiny: Strict Scrutiny (SS)
A
A law will be upheld if it is NECESSARY to ACHIEVE a COMPELLING government interest.
- Government bears the burden of proof.