Under intermediate scrutiny, which statement is correct?

Under intermediate scrutiny, which statement is correct?

• A. The law serves an important governmental interest and is substantially related to that interest
• B. The government must prove a compelling government interest
• C. The law must be the least restrictive means
• D. The government need only show any legitimate interest

Answer: (A)

Under intermediate scrutiny, the government must show that the challenged classification serves an important governmental objective and that the means chosen are substantially related to achieving that objective. This standard sits between rational basis (legitimate interest, rational relation) and strict scrutiny (compelling interest, narrowly tailored/least restrictive means). The statement that the law serves an important governmental interest and is substantially related to that interest captures exactly that test. Options invoking a compelling government interest or the least restrictive means reflect strict scrutiny, not intermediate scrutiny. The idea that the government need only show any legitimate interest aligns with rational basis review.

Under intermediate scrutiny, the government must show that the challenged classification serves an important governmental objective and that the means chosen are substantially related to achieving that objective. This standard sits between rational basis (legitimate interest, rational relation) and strict scrutiny (compelling interest, narrowly tailored/least restrictive means). The statement that the law serves an important governmental interest and is substantially related to that interest captures exactly that test.

Options invoking a compelling government interest or the least restrictive means reflect strict scrutiny, not intermediate scrutiny. The idea that the government need only show any legitimate interest aligns with rational basis review.