Traditional Three Standards of Review
Minimum Scrutiny Test:
Are the means rationally related to a legitimate government
objective?
(The burden is on the challenger to show that there is either no
legitimate government purpose for the law or that there is no
rational relationship between the means and the end.)
Intermediate Scrutiny Test:
Are the means substantially related to an important
government objective?
(The burden is on the government to show that there is an
important government purpose to justify the law and that the
means employed are substantially related (or narrowly tailored)
to further that purpose.)
Strict Scrutiny Test:
Are the means necessary to the accomplishment of a compelling
government objective?
(The burden is on the government to show that there is a
compelling government purpose to justify the law and that the
means employed are necessary (or narrowly tailored) to the
accomplishment of that purpose. This requires a showing that
there are no other less restrictive alternative means available
to accomplish the compelling purpose.)