Levels of Scrutiny

Tiers of Scrutiny and

Recognized Interests
-Rational Basis -Intermediate Scrutiny (with
Bite)
-Rational Basis (with Bite)
-Strict Scrutiny (light) (make second chart with
-Intermediate Scrutiny 'unofficial' tiers)
Rational basis w/ bite Intermediate scrutiny w/ bite
-Strict Scrutiny

Rational Basis Intermediate Scrutiny Strict Scrutiny

"Important State Interest"

Level of Interest "Legitimate State Interest" (w/ bite -> 'Exceedingly Persuasive" "Compelling State Interest"
state interest)
Court is allowed to infer or make up a
"conceivable" purpose. Legislature
does not even need to articulate its
own.

Put defining languate with court

Accepted Interests Process Process
case.

Potential Interests

Animus -> Mere dislike of a socially

Rejected Interests
unpopular group is never legitimate

Law passed is "rationally related" to

Level of 'Fit'
the legitimate state interests

Hodel v. Indiana - Law is presumed

rational; can only be overcome by
Role of Deference/ "clear showing of arbitrariness and
Presumptions irrationality"
--------------------------------
Nearly complete deference (find case)