Levels Of Scrutiny Flashcards
Who bears the burden of proof the the Rational Basis Test?
The challenger
Who will usually win when the Rational Basis Test is applied?
The government
What is the Rational Basis Test? And what must the challenger prove?
The must is upheld if it’s rationally related to a legitimate government purpose.
Challenger must show that there is (1) No conceivable legitimate purpose; OR (2) that the law is not rationally related to the government purpose.
Can the challenger defeat the Rational Basis Test by showing that the government had a less restrictive option available to them?
No, not applicable
Who bears the burden of proof for the Intermediate Scrutiny Test?
The Government
What is the Intermediate Scrutiny Test?
The law is upheld if it’s substantially related to an important government purpose.
The court will consider the important ACTUAL purpose and the means chosen must be substantially related to achieve that end.
Does the government have to prove that there was no other less restrictive alternative for them to achieve their purpose when it comes to the Intermediate Scrutiny Test?
No, not applicable
Who bears the burden of proof for the Strict Scrutiny Test?
The Government
What is the Strict Scrutiny Test?
The law will be upheld if it’s necessary to achieve a compelling government purpose.
The government must also show that there was no less restrictive way to achieve their objective, meaning the law must be narrowly tailored.
What purpose will the courts look at when considering the government’s action under the Strict Scrutiny Test?
The actual purpose, not the conceivable one.
