Under which circumstance does intermediate scrutiny apply?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Intermediate scrutiny is a standard of judicial review that applies to classifications based on certain characteristics that are considered "quasi-suspect." This includes distinctions such as gender and legitimacy. The applicable standard requires that a law must serve an important governmental objective and must be substantially related to achieving that objective.

In the context of the other options:

  • Laws regulating economic activity are typically subjected to a lower level of scrutiny known as rational basis review, which is less rigorous than intermediate scrutiny.

  • Classifications based on race trigger strict scrutiny, the highest level of scrutiny applied by courts, which requires a compelling governmental interest and the narrowest means of achieving that interest.

  • Legislation affecting individual rights may encompass both strict and rational basis scrutiny, depending on the nature of the right being affected, but it does not automatically invoke intermediate scrutiny.

Thus, the correct answer reflects the circumstances under which intermediate scrutiny is most appropriately applied—specifically to classifications related to gender.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy