Rational Basis Review Flashcards
What is the test for RBR
Means have to be rationally related to a legitimate government (ends) interest
Overall what does RBR mean?
- The Burden is on the P
- P must show that he government program is not rationally related to ANY legitimate government interest
- P must thing of every conceivable interest and say that they are not legitimate
- courts very differential to the legislature
- Almost everything will be upheld in RBR
- can be under inclusive
- can be over inclusive
- RBR is default
- whenever see government regulation of economic liberties, subject to RBR
Means
What the government is doing
Ends
Why the government is doing it
Way to look at RBR
1) Means
2) Ends
3) Degree of FITNESS from means to the ends
over inclusive
the government is doing more than it is actually trying to do.
under inclusive
government is doing less than trying to achieve
Whose burden is it on in RBR?
It is the P’s burden to show that government means are not rationally related to ANY legitimate government ends
Romer v. Evans
If P, scrutinize the legitimate government reasons the government is doing something certain
- Next, look to whether the government action is MERELY BEATING UP ON AN UNPOPULAR GROUP, JUST TO BEAT UP ON THEM
- no good reasons for creating law
- merely beating up on an unpopular political group just to beat up on them
- Romer is still RBR just shows reasons why a law could fail under RBR
Ways to challenge RBR as P
1) Government is merely beating up on an unpopular political group
2) Government does have some ends but go through each of them and show how the ends have nothing to do with the means
How to show RBR is good if govt
1) Remind Ct RBR is really low - cite Lee optical
2) Show all the ends and argue that the means are rationally related to those ends and does not need to be perfect
(can be under/ over inclusive)
