When determining whether a statute violates the Constitution, the Court applies one of three levels of scrutiny: (1) rational basis review
; (2) intermediate scrutiny; or (3) strict scrutiny.
thin theoretical public benefit to licensing, rational basis review
(48) Constitutional challenges subject to Rational Basis Review
are almost impossible to win.
The State asserted that the anti-combination laws survived rational basis review
because they were rationally related to three legitimate government interests: (1) preserving competition in the death care services industry; (2) protecting consumers from higher prices and poor services; and (3) reducing the potential for abuses from commingling of cemetery and funeral revenues.<br />The circuit court granted the State's motion for summary judgment.
The canonical account of rational basis review
under the Equal
At least the Fourth didn't downgrade things even further and impose "rational basis review
," which is essentially "We can do what we want, so there!" (If you don't like it, it's up to you to prove "[t]he government has no legitimate interest in the law or policy; or [t]here is no reasonable, rational link between that interest and the challenged law," and good luck with that.)
(8) Rational basis plus is, as Justice O'Connor describes it, a "more searching form of rational basis review
." (9) The Court has never acknowledged its existence, and Justice Scalia explicitly denied it.
(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.
Under rational basis review
, courts must presume that the law in question is valid and sustain it so long as the law is rationally related to a legitimate state interest....
definition of "family" should fail rational basis review
rational basis review
because a court will uphold the law so long as it