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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.
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny. [2] Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate ...
To pass strict scrutiny, the law or the act must be both narrowly tailored and the least restrictive means of furthering a compelling government interest. If the governmental restriction restricts liberty in a manner that does not implicate a fundamental right, rational basis review is used, which determines whether a law or act is rationally ...
Under the Equal Protection Clause, when the law targets a "quasi-suspect" classification, such as gender, the courts apply intermediate scrutiny, which requires the law to be substantially related to an important government interest. As the name implies, it is more strict than rational basis review but less strict than 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.
Amici Curiae are also fully dedicated to ensuring that the federal government’s process for reviewing all energy development projects – whether fossil fuel or renewable – complies with bedrock environmental laws. For that reason, we have participated in every significant phase of the regulatory approval process for the Project.
In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests.
Pamela Anderson often chooses not to wear makeup — and so does the woman she plays in The Last Showgirl.. In a new interview with PEOPLE, Anderson, 57, explains why her character, Shelly — a ...