Levels of Scrutiny

Question 1

types

LEVELS OF SCRUTINY

Answer 1

1. rational basis
2. intermediate scrutiny
3. strict scrutiny

Question 2

test

RATIONAL BASIS

Answer 2

law will be upheld if RATIONALLY RELATED to LEGIT gov purpose

Question 3

burden of proof

RATIONAL BASIS

Answer 3

challenger has BOP

tremendously deferential to gov

Question 4

standard

INTERMEDIATE SCRUTINY

Answer 4

law will be upheld if SUBSTANTIALLY RELATED to IMPORTANT gov purpose

Question 5

burden of proof

INTERMEDIATE SCRUTINY

Answer 5

gov has BOP

Question 6

standard

STRICT SCRUTINY

Answer 6

law will be upheld only if NECESSARY to achieve a COMPELLING gov purpose

Question 7

burden of proof

STRICT SCRUTINY

Answer 7

gov has BOP

- court must be persuaded gov’s ACTUAL goal is necessary, vital

Question 8

likely outcome

STRICT SCRUTINY

Answer 8

gov usually loses

Question 9

gov’s purpose

INTERMEDIATE SCRUTINY

Answer 9

court will look only at gov’s ACTUAL purpose

Question 10

means chosen by gov

INTERMEDIATE SCRUTINY

Answer 10

means chosen by gov must be NARROWLY TAILORED, but need not be the least restrictive option

Question 11

means chosen by gov

STRICT SCRUTINY

Answer 11

means chosen by gov must be LEAST RESTRICTIVE method

Question 12

means chosen by gov

RATIONAL BASIS

Answer 12

can be ANY rational relationship, not actual purpose or even proffered explanation