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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 ...
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 government's goal must be something that it is acceptable for the government to pursue. The legislation must use reasonable means to the government's goals but not necessarily the best. Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [39]
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.
"That," the federal government wrote, "is sex discrimination." ... Strict scrutiny, heightened scrutiny and rational basis. The highest level, strict scrutiny, requires a law be passed to serve a ...
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.
A ruling by the Supreme Court using the rational-basis approach to uphold Tennessee's law, according to legal experts, could make it easier to defend a broader array of measures targeting ...
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.