Also known as: minimal rationality reviews · rational basis review
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under which legislation or other government action is upheld if rationally related to a legitimate governmental interest. Courts applying the standard defer heavily to legislative judgments and permit laws that are underinclusive or overinclusive.
The state enacts a statute requiring all police officers to retire at age 50. Monica Morgan, a fit 51-year-old officer, challenges the law on equal protection grounds. The court upholds the statute because age is not a suspect class and the retirement rule is rationally related to the legitimate goal of maintaining a physically capable force.
The President issues an order limiting entry of nationals from several majority-Muslim countries, citing national security. Musa Mensah, a citizen of one listed country, sues claiming religious animus. The court sustains the order because it states a legitimate security purpose and is rationally related to that purpose under deferential review in immigration matters.
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Congress bans possession of firearms near schools. Megan Moore is prosecuted under the statute and argues it exceeds federal power. The court applies minimal rationality review to the commerce power claim and finds the law lacks a sufficient rational connection to interstate commerce regulation.
Congress amends the ADEA to allow private suits against states for age discrimination. Madison Meyers, a state employee denied promotion because of age, sues the state. The court holds that age classifications receive only minimal rationality review, so Congress lacked power under Section 5 to abrogate state immunity.
A state constitution requires judges to retire at age 70. Melissa Mills, a 71-year-old judge, challenges the provision under equal protection. The court upholds the rule because age distinctions receive minimal rationality review and the age limit is rationally related to maintaining judicial fitness.
A school district assigns students to schools based on race to achieve racial balance. Maya Malik, a parent whose child is denied her preferred school, sues. The court applies strict scrutiny rather than minimal rationality review because the policy uses an explicit racial classification.
Minimal rationality review applies to economic and social legislation that neither burdens a suspect class nor implicates a fundamental right. Age, disability, and alienage classifications in certain federal contexts receive this deferential standard.
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Yes. Under minimal rationality review, a law may be underinclusive or overinclusive so long as it is rationally related to a legitimate purpose. Courts permit legislatures to proceed one step at a time.
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No. Moral disapproval of a class of persons or their private consensual conduct does not constitute a legitimate governmental interest under minimal rationality review.
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…(1996); Nordlinger v. Hahn , 505 U. S. 1, 11-12 (1992). Laws such as economic or tax legislation that are scrutinized under rational basis review normally pass constitutional muster, since "the Constitution presumes that even improvident decisions will eventually be rectified by the democratic processes." Cleburne v. Cleburne Living…