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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 rational basis review is used, it means that the classification is one that overwhelmingly tends to be rational, e.g. distinguishing criminals from non-criminals. This leads to wide political discretion and a focus of judicial resources to other cases where the classification employed tends to be more suspicious, and thus close judicial ...
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.
The Supreme Court upheld the policy, saying it withstood rational basis review. Although nepotism was "a subject of controversy," states that had wanted to prohibit its use in public policy had banned the practice with laws or constitutional amendments.
“There is no rational connection here — the policy is in search of a purpose,” the panel wrote. “Because the policy does not survive rational basis review, it cannot survive intermediate ...
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 ...
The evolving level of scrutiny applied by federal courts to cases involving the Commerce Clause should be considered in the context of rational basis review. The idea behind rational basis review is that the judiciary must show deference to the elected representatives of the people. A respect for the democratic process requires courts to uphold ...
An extremely low standard of judicial review, there is a presumption that the legislation in question is constitutional and the challenging party must show that the law fails the test. Most legislation enacted by Congress or state legislatures that deals with economic regulation falls under rational basis review and, therefore, must only be ...