Intermediate scrutiny is a legal standard that applies in certain cases based on the equal protection clause of the U.S. Constitution. It’s also known as “middle-tier review,” and the goal is to ensure that a given law or government action does not violate someone’s constitutional rights because it treats them differently from others.
When a court applies intermediate scrutiny, the government must show that its action is narrowly tailored to achieve a legitimate governmental objective, even if it involves some kind of discrimination. For this reason, the action is scrutinized more closely than it would be if it were not discriminatory and only warranted rational basis review.
How Does Intermediate Scrutiny Work in Practice?
A recent example of intermediate scrutiny in action involved a student voucher program in Arizona. The state’s program used tax credits to fund private school tuition at religious schools. A lower court overturned the program, and the Supreme Court reviewed the case and applied the intermediate scrutiny standard.
In applying an intermediate level of scrutiny to the case, the court determined that the voucher system was narrowly tailored to achieve a legitimate governmental objective—improving educational opportunities for students in Arizona—even though it involved the use of government funds for religious purposes. Ultimately, the Supreme Court upheld the program.
Final Thoughts on Intermediate Scrutiny
The intermediate scrutiny standard is an important legal concept that reflects how the courts interpret and apply the equal protection clause of the U.S. Constitution. It ensures that any governmental action does not violate someone’s constitutional rights because it treats them differently from others. By understanding what intermediate scrutiny is and how it works in practice, business professionals can better understand the legal ramifications and implications of their decisions.