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intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest in a way that is substantially related to that interest.〔 ''Wengler v. Druggists Mutual Ins. Co.'', 446 U.S. 142, 150 〕 This should be contrasted with strict scrutiny, the higher standard of review which requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest.
==Laws subject to Equal Protection scrutiny==
Constitutional Equal Protection analysis applies not only to challenges against the federal government, but also to state and local governments. Although the Fourteenth Amendment's Equal Protection Clause applies only to state and local governments, the United States Supreme Court has implied an Equal Protection limitation on the federal government through a process known as "reverse incorporation." As the Fourteenth Amendment applies directly to the states, the incorporation process was unnecessary to hold this restriction against state and local governments. Equal Protection analysis also applies to both legislative and executive action regardless if the action is of a substantive or procedural nature. Judicially crafted (common law) rules are also valid only if they conform to the requirements of Equal Protection. See, e.g., ''Reed v. Campbell'', 476 U.S. 852 (1986).〔In ''Reed'', a judicially crafted time window for filing was applicable only to illegitimate persons and was scrutinized under intermediate Fourteenth Amendment Equal Protection standard and struck down.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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