The rational basis test requires only that the challenged law be rationally related to a legitimate state interest.
Williamson (p. 720) and Beach Communications (p. 722) demonstrate how deferential is rational basis review.
The Court will uphold the law "if there is any reasonably conceivable state of facts that would provide a rational basis." (p. 722)
There need only be "plausible reasons" (not actual reasons) for the law. (p. 722)
The law comes "bearing a strong presumption" of constitutionality. (p. 722)
Those attacking the law must negative "every conceivable basis which might support it." Id.
The Court is especially deferential to the process of legislative line-drawing, even where those on the wrong side of the line "have an almost equally strong claim" to those on the right side of the line. Id. Line-drawing is a "matter for legislative, rather than judicial, consideration." Id.
The "precise coordinates of the resulting legislative judgment [are thus] virtually unreviewable." Id.
Legislation may proceed "one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind." (p. 720)
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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