Constitutional Law
Intermediate Scrutiny
Definition
Intermediate scrutiny is a standard of judicial review applied to quasi-suspect classifications such as gender and illegitimacy. Under this test, the government must show that the classification serves an important governmental objective and is substantially related to achieving that objective. It is more demanding than rational basis review but less exacting than strict scrutiny. The government's justification must be genuine, not hypothetical or post-hoc.
Example
A state law requires only men to register for the draft. This gender-based classification is subject to intermediate scrutiny.