8) Rational basis plus is, as Justice O'Connor describes it, a "more searching form of rational basis review
21) Since the 1970s, the Court--when it has reviewed the constitutionality of facially neutral laws that disparately harm members of historically subordinated classes, such as African Americans or women--has applied a deferential rational basis review
unless the plaintiffs have proven that the law was motivated by a discriminatory purpose and thus functions as a de facto classification.
The general rule of thumb is that alienage-based classifications receive strict scrutiny when made by states, since alienage, like race, is a suspect classification, but rational basis review
applies when such classifications are made by the federal government, due to its plenary power over immigration.
A law "based on rational speculation unsupported by evidence or empirical data" satisfies rational basis review
right, the Court subjected the ordinance to rational basis review
searching" form of rational basis review
has been used to
to this more rigorous standard of rational basis review
In its words and its deed, Windsor established a level of scrutiny for classifications based on sexual orientation that is unquestionably higher than rational basis review
24) Following this decision, courts applied either rational basis review
, or another similar standard, when assessing gun regulations, which resulted in the upholding of nearly all gun regulations.
Fundamental questions about equal protection law--the appropriateness and role of the intent requirement, (1) the role of animus, (2) the puzzle of rational basis review
, (3) the level of judicial under enforcement, (4) and the implications of the Court's insistence that equal protection rights are "personal" (5) have generated volumes of scholarship without definitively clarifying these issues.
All classifications based on other characteristics are subject to rational basis review
Therefore, because sexual orientation is not a suspect class, triggering strict scrutiny, the Court need only conduct rational basis review
to determine the constitutional validity of Amendment 2.