Philippine Bar review · Question

Practice question: Intermediate Scrutiny Test

Multiple Choice Hard

Practice question

A public-benefit rule uses a classification that the parties and court agree requires intermediate scrutiny. The government presents evidence of an important program objective and a substantial relationship between the distinction and that objective. A challenger insists that the rule must still fail solely because it is not the absolutely least restrictive imaginable measure, a requirement she imports from strict scrutiny. Which assessment is sound?
  1. The court should assess the proof under intermediate scrutiny rather than automatically replace it with strict scrutiny's test.
  2. All evidence is irrelevant once a classification exists.
  3. Intermediate scrutiny always requires the government's defeat.
  4. Rational-basis review must replace both standards.
  5. The challenger may conclusively choose strict scrutiny by requesting it.

Legal references

  • Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, August 8, 2017, Part II(C), https://lawphil.net/judjuris/juri2017/aug2017/gr_225442_2017.html
  • White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009, Part III(C), https://lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html

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