ELI5: Explain Like I'm 5

Intermediate scrutiny

Okay kiddo, when we talk about intermediate scrutiny we are talking about a way of testing whether a law is fair or not. It's like when you play a game and you want to make sure the rules are fair for everyone.

Intermediate scrutiny is used when we want to test a law that might treat people differently based on certain qualities they have, like the color of their skin or whether they are a boy or a girl. We call these qualities "protected classes".

When we use intermediate scrutiny to test a law, we ask some questions to make sure the law is fair:

- Is the law trying to do something important, like make sure people are safe or healthy?
- Is the law treating everyone in the protected class the same way?
- Is the law the least restrictive way to achieve its goal?

If we answer "yes" to these questions, then the law is probably fair. But if we answer "no", then the law might be unfair and we might need to change it.

So basically, intermediate scrutiny is a way of checking if a law is fair when it affects people differently based on things like their race or gender. It's like making sure that everyone playing the game has the same chance to win.