Thursday, February 23, 2023

Real Rational Basis Review

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)

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