Intermediate scrutiny

Intermediate scrutiny is the middle of the three standards courts use to judge whether a law is constitutional. Under it, the government must show that a law serves an important governmental objective and that the means chosen are substantially related to that objective. It is easier to satisfy than strict scrutiny but harder than rational basis review.

The Supreme Court adopted the test for sex-based classifications under the Equal Protection Clause in Craig v. Boren (1976) and later required an "exceedingly persuasive justification" for them. Courts also apply intermediate scrutiny to content-neutral regulations of speech, such as limits on the time, place and manner of protests, and to some regulation of commercial speech.

Before 2022, many federal appeals courts used intermediate scrutiny to uphold gun regulations. In New York State Rifle & Pistol Association v. Bruen, the Supreme Court rejected that approach for the Second Amendment, replacing it with the history and tradition test. Critics of the tiered system argue its categories are arbitrary; defenders say it gives courts a workable framework.