Standard of review

Standard of review is used by American courts to decide the constitutionality of certain statutes.

There are 3 levels of Equal Protection scrutiny:

1. Rational basis
2. Intermediate basis
3. Strict scrutiny

State action under the 14th Amendment[edit | edit source]

Any state action under the 14th Amendment must be

1. intentional,
2. reckless, or
3. taken with deliberate indifference

in order to meet review for procedural due process violation. A mere negligent action doesn't call for violation of the Equal Protection clause.

Rational basis[edit | edit source]

Rational basis is used to decide the validity of most cases before courts.

"Rational basis plus," or "rational basis with teeth" review is used in cases involving mental illness or disability. (City of Cleburne, Texas v. Cleburne Living Center, Inc., (1985))

Intermediate basis[edit | edit source]

Intermediate basis is applied for gender, paternity tests, and so on.

Characteristics based on gender such as LGBT are accorded a quasi-suspect class; thus, intermediate scrutiny is applicable.

Strict scrutiny[edit | edit source]

US courts apply strict scrutiny to classifications based on suspect criteria such as race or national origin.

See also[edit | edit source]

• Constitutional_Law_Chemerinsky/Outline_II has a chart on the levels of scrutiny