Which group is described as being evaluated under intermediate scrutiny in some contexts?

• A. Racial classifications
• B. National origin classifications
• C. Undocumented aliens
• D. Age classifications

Answer: (C)

In equal protection analysis, the level of scrutiny used depends on the class involved and the interest at stake. Race and national origin classifications are typically examined under strict scrutiny, making it very hard for a law to survive. Gender classifications usually receive intermediate scrutiny, a higher bar than rational basis but not as demanding as strict scrutiny. Age classifications are generally reviewed under rational basis unless a fundamental right is implicated.

In some contexts, classifications based on undocumented status have been subjected to intermediate scrutiny. That means courts weigh whether the law is substantially related to an important government objective, rather than applying the lenient rational basis test or the more demanding strict scrutiny. This is why this group is described as being evaluated under intermediate scrutiny in some contexts—the standard can be heightened in certain circumstances, even though it isn’t a universal rule across all cases.