Also known as:rational basis review · rational basis scrutiny · rational basis test · minimum scrutiny · rational basis
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under which legislation is upheld if the classification it draws is rationally related to a legitimate governmental interest. Courts presume the validity of most economic and social legislation that does not implicate fundamental rights or suspect classifications. The standard requires only that the law bear a rational relationship to some permissible public purpose.
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Cases
Restatements
Casebooks
Hornbooks
Study Supplements
How it applies
Common Examples
6
Entry Restriction Upheld on Security Grounds
The President issues an order limiting visas for construction workers from several majority-Muslim nations after intelligence reports flag sabotage risks at ports and military sites. A foreign architecture firm challenges the order on Establishment Clause grounds, citing earlier presidential statements. The court applies rational basis review and upholds the order because its stated national-security purpose is legitimate and the temporary restriction is rationally connected to that purpose.
Sodomy Statute Fails Rational Basis
Two adult men are arrested under a state law criminalizing same-sex intimate conduct in campus housing. They move to dismiss, arguing the statute lacks any legitimate purpose beyond moral disapproval. The court grants the motion because moral condemnation of private consensual adult conduct does not qualify as a legitimate governmental interest under rational basis review.
Lawrence v. Texas539 U.S. 558 (2003)
Gun Possession Near School Exceeds Commerce Power
A machinist is indicted under a federal statute banning personal firearms in factory parking lots next to schools. The government defends the law by arguing that workplace violence could disrupt manufacturing supply chains. The court dismisses the indictment because the non-economic intrastate possession bears no rational relationship to interstate commerce under the applicable standard.
United States v. Lopez514 U.S. 549 (1995)
State Transit Authority Subject to Federal Rules
A metropolitan transit authority claims Tenth Amendment immunity from federal wage-and-hour laws. The state argues that local mass transit is a traditional governmental function beyond congressional reach. The court rejects the immunity claim because the distinction between traditional and nontraditional functions lacks a rational basis for limiting federal power.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
Compulsory Flag Salute Violates Liberty
Public school students are expelled for refusing to salute the flag on religious grounds. The state defends the requirement as a rational means of promoting national unity. The court holds the compulsion unconstitutional because it fails even rational basis review when it forces individuals to affirm beliefs they do not hold.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Group Home Permit Denial Lacks Rational Basis
A city denies a permit for a group home for adults with intellectual disabilities, citing neighbors' fears of safety risks and increased traffic. No evidence shows the residents pose any special danger. The court orders the permit issued because the denial rests on irrational prejudice rather than a legitimate governmental interest.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Common questions
Frequently Asked
5
When does a court apply rational basis review instead of strict or intermediate scrutiny?+
Rational basis review applies to most economic and social legislation that does not burden a fundamental right or target a suspect or quasi-suspect class. The classification need only be rationally related to a legitimate governmental interest. Courts presume validity and defer to legislative judgments under this standard.
Can moral disapproval alone supply a legitimate interest under rational basis review?+
No. Moral disapproval of private consensual adult conduct does not count as a legitimate governmental interest. A statute that criminalizes such conduct solely on that basis fails rational basis review.
How deferential is rational basis review when Congress acts in immigration and foreign affairs?
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Courts accord substantial deference to the political branches and generally apply at most rational basis review. An order survives if it states a proper national security purpose and is rationally related to that purpose, even when other statements suggest improper animus.
Does rational basis review allow underinclusive or overinclusive laws?+
Yes. Laws may be underinclusive or overinclusive so long as they are rationally related to a legitimate purpose. A city may begin with a partial ban on vehicle advertisements even if the rule leaves some distractions unregulated.
What happens when a classification fails even rational basis review?+
The law is unconstitutional. A denial of public education to undocumented children fails rational basis review when cost savings alone are offered as justification, because the denial is not rationally related to any substantial state interest.
rational basis test
, I would uphold the Pennsylvania statute in its entirety. I must, however, respond to a few of the more outrageous arguments in today's opinion, which it is beyond human nature to leave…
" which describes the minimal level of
scrutiny
under the Equal Protection Clause of the Fourteenth Amendment. We think a term such as "rough proportionality" best encapsulates what we hold…
Constitutional LawIndividual rights · Equal protectionUBEIntermediate