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Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [ 39 ] There is also a middle level of scrutiny, called intermediate scrutiny , but it is used primarily in Equal Protection cases, rather than in Due Process cases: "The standards of intermediate scrutiny have yet to ...
Kotch v. Board of River Port Pilot Commissioners, 330 U.S. 552 (1947), was a United States Supreme Court case in which the Court held that a preference for nepotism is an acceptable rational basis for a state policy. [1] Kotch was a foundational case for the development of rational basis review. [2]
Florida used the rational basis test standard of review even though the law was content neutral because a jailhouse is a non-public forum. Ward v. Rock Against Racism , 491 U.S. 781 (1989) held that a city's restriction on loud music volume controlled by equipment and technicians is constitutional because it is narrowly tailored.
However, there must be a formal institutional hearing, the prisoner must be found to be dangerous to himself or others, the prisoner must be diagnosed with a serious mental illness, and the mental health care professional must state that the medication prescribed is in the prisoner's best interest. 14th 1992 Riggins v. Nevada
Therefore, any legislation that distinguishes between intellectually disabled people and others must be rationally related to a legitimate government interest in order to withstand equal protection review. This is also known as rational basis review and is the lowest level of review under the Equal Protection Clause of the Fourteenth Amendment.
This is called rational basis review. [8] For example, a statute requiring the licensing of opticians is permissible because it is directed to the legitimate state objective of ensuring the health of consumers, and the licensing statutes are reasonably related to ensuring consumers' health by requiring certain education for opticians. [9]
Under the Equal Protection Clause, discrimination against people with disabilities is analyzed by "rational basis" scrutiny: if the discrimination has a rational basis, it is constitutional. In this case, the Court held that Congress, like the judiciary, was required to use rational basis review of state action, with its presumptions favoring ...