If the classification is quasi, then apply intermediate. (3) what level of scrutiny applies? if the classification is along suspect lines, apply strict scrutiny. (2) What is the classification? Is it suspect? quasi? or other? (1) is there a classification by the government? To determine which level of scrutiny applies to a given fact pattern, we have to assess the law in question with a few simple questions: Courts apply different scrutiny levels on a case-by-case basis. Scrutinies are divided into 3 major categories: strict, intermediate, rational basis. Types of Scrutinies, how they operate, and when they are triggered: o Applied when no fundamental right is at issue (driving, age limitations, wealth, etc.) Rational Basis – law is rationally related to a legitimate interest.Intermediate Scrutiny – law is substantially related to an important/legitimate government interest.§ Content-based regulations on speech (usually Unconstitutional) Obscene material (privacy of home) (NOT purchase, sell, etc.).Procreate (yes) Sexual intimacy (Not technically).o Suspect classification (race, nationality, citizenship status, religion) or Strict Scrutiny – law is necessary for a compelling government interest.(Edited - I edited the outline on my computer instead of my phone. So always think “fundamental rights” = strict scrutiny. Essentially I’ve memorized the two highlighted words for each one since it’s easier to memorize two words then a whole sentence (ie strict - necessary/compelling). By all means, someone please correct me but this is what I have for my outline.
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