
Levels of Scrutiny
1. Rational Basis – rationally related to a legitimate gov’t purpose
a. Ct must be able to conceive of a rational purpose
b. challenger has the burden of proof
2. Intermediate Scrutiny – substantially related to an important gov’t purpose
a. Ct will look only to the actual purpose
b. Narrowly tailored req’t
c. Gov’t has the burden of proof
3. Strict Scrutiny
a. Ct will look only to the actual purpose
b. Least restrictive alternative analysis
c. Gov’t has the burden of proof
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