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  2. Rational basis review - Wikipedia

    en.wikipedia.org/wiki/Rational_basis_review

    Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...

  3. Intermediate scrutiny - Wikipedia

    en.wikipedia.org/wiki/Intermediate_scrutiny

    Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a legitimate government interest.

  4. Strict scrutiny - Wikipedia

    en.wikipedia.org/wiki/Strict_scrutiny

    Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.

  5. Substantive due process - Wikipedia

    en.wikipedia.org/wiki/Substantive_due_process

    The government's goal must be something that it is acceptable for the government to pursue. The legislation must use reasonable means to the government's goals but not necessarily the best. Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [39]

  6. The Stakes of the Supreme Court’s Major Trans Rights Case - AOL

    www.aol.com/news/stakes-supreme-court-major...

    The Supreme Court will need to decide what level of scrutiny is applicable for Tennessee’s gender-affirming care ban. Respondents believe SB1 should be subject to rational basis review.

  7. Suspect classification - Wikipedia

    en.wikipedia.org/wiki/Suspect_classification

    When intermediate scrutiny is involved, the courts are more likely to oppose the discriminatory law when compared to a rational basis review particularly if a law is based on gender. However, a court will likely uphold a discriminatory law under intermediate scrutiny if the law has an exceedingly persuasive justification and applies to real ...

  8. Equal Protection Clause - Wikipedia

    en.wikipedia.org/wiki/Equal_Protection_Clause

    In contrast, rational basis scrutiny merely requires that a challenged statute be "reasonably related" to a "legitimate" government interest. However, in the 1976 case of Craig v. Boren, the Court added another tier of scrutiny, called "intermediate scrutiny", regarding gender discrimination.

  9. Standard of review - Wikipedia

    en.wikipedia.org/wiki/Standard_of_review

    As the name implies, it is more strict than rational basis review but less strict than strict scrutiny. [10] Other forms of intermediate scrutiny are applied in other contexts. For example, under the Free Speech Clause, content-neutral time, place, and manner restrictions on speech are subject to a form of intermediate scrutiny.