Heightened scrutiny

Definition

A more demanding standard of judicial review that requires the government to show that a challenged law serves an important governmental interest and that the classification drawn by the law is substantially related to achieving that interest. It is stricter than rational basis review but less demanding than strict scrutiny.

Examples

• •The petitioner argued SB1 must be reviewed under heightened scrutiny because it classifies based on sex, requiring Tennessee to demonstrate the ban substantially serves an important state interest.

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