Also known as: deference
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review in which courts give substantial weight to the judgments of the political branches or other authorized decisionmakers and uphold their actions upon a showing of rational basis.
Destiny Davis, a foreign national from a majority-Muslim country, was denied entry under a presidential order citing risks to critical infrastructure projects. She sued in federal court alleging religious animus based on prior statements by the President. The court applied deferential review and upheld the order after finding its stated national security purpose rationally related to the restrictions imposed.
Daniel Diaz, an assistant district attorney, circulated an internal petition protesting transfer policies within his office. His supervisor fired him after concluding the petition would disrupt workplace operations. The court applied deferential review and upheld the termination because the speech addressed internal personnel matters rather than matters of public concern.
Select any source to read its text and confirm it supports the definition.
Courts apply deferential review in areas such as immigration and foreign affairs where the political branches receive substantial deference. The standard requires only that the action be rationally related to a legitimate purpose even if other evidence suggests improper motive.
Yes. When employee speech primarily concerns internal office matters such as personnel disputes, courts apply deferential review and afford minimal First Amendment protection. The employer's assessment of workplace disruption receives substantial weight.
National security provides a legitimate purpose that satisfies rational basis review. Courts defer to the executive's stated rationale and will uphold the action if it is rationally related to that purpose.