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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 ...
Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a legitimate government interest.
Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.
When intermediate scrutiny is involved, the courts are more likely to oppose the discriminatory law when compared to a rational basis review particularly if a law is based on gender. However, a court will likely uphold a discriminatory law under intermediate scrutiny if the law has an exceedingly persuasive justification and applies to real ...
The Supreme Court will need to decide what level of scrutiny is applicable for Tennessee’s gender-affirming care ban. Respondents believe SB1 should be subject to rational basis review.
In contrast, rational basis scrutiny merely requires that a challenged statute be "reasonably related" to a "legitimate" government interest. However, in the 1976 case of Craig v. Boren, the Court added another tier of scrutiny, called "intermediate scrutiny", regarding gender discrimination.
Zillow's top 10 hottest housing markets of 2025. The primary reasons Buffalo was number one again, according to Zillow? Job and wage growth, relative affordability and demand that outweighs supply.