Also known as:rational basis standard · rational basis test · rational basis review · rational basis scrutiny · rational basis
Written by attorneys · grounded in primary & secondary sources — see below
A deferential standard of judicial review under which a classification or regulation is upheld if it is rationally related to a legitimate governmental interest.
Sources & Authorities
How it applies
Common Examples
6
Entry Restriction Upheld
The President issues an order barring pilots from several majority-Muslim countries after intelligence reports flag hijacking risks. Angelica, a foreign trainee denied entry, sues claiming religious animus. The court applies rational basis review and sustains the order because its stated national security purpose bears a rational relationship to the entry limits.
State Wage Mandate Sustained
A state requires transit authorities to pay minimum wages to employees. The authority challenges the mandate as exceeding federal commerce power. The court applies rational basis review and upholds the requirement because Congress could rationally conclude that wage rules affect interstate commerce.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Hornbooks
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
Group Home Permit Denied
A city denies a permit for a group home serving adults with intellectual disabilities, citing safety concerns near a flood plain. The operator sues under equal protection. The court applies rational basis review and upholds the denial because the zoning decision is rationally related to legitimate public safety interests.
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)
Civil Remedy Struck Down
Congress creates a federal cause of action for gender-motivated violence. A victim sues her attacker in federal court. The court applies rational basis review to the commerce justification and holds that the statute exceeds Congress's power because the regulated conduct lacks a sufficient rational connection to interstate commerce.
United States v. Morrison529 U.S. 598 (2000)
Filled Milk Ban Upheld
Congress bans interstate shipment of filled milk products. A manufacturer challenges the prohibition as arbitrary. The court applies rational basis review and sustains the ban because Congress could rationally conclude that the products pose health risks warranting regulation.
United States v. Carolene Products Co.304 U.S. 144, 153 n.4 (1938)
Grooming Standard Upheld
A police department adopts a grooming policy requiring officers to maintain neat hairstyles. An officer challenges the rule as violating due process. The court applies rational basis review and sustains the policy because it is reasonably related to the legitimate interests of discipline and uniformity.
Florence Dolan, Petitioner v. City of Tigard, Respondent512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304
Common questions
Frequently Asked
5
When does rational basis review apply instead of strict or intermediate scrutiny?+
Rational basis review applies to classifications that do not involve suspect classes or fundamental rights. Courts use it for most economic and social legislation, including federal alienage distinctions and age or disability classifications.
Supporting sources
How does a court decide whether a law survives rational basis review?+
The court asks only whether the classification is rationally related to a legitimate governmental interest. Underinclusiveness or overinclusiveness does not defeat the law so long as some rational connection exists.
Supporting sources
Does evidence of improper motive defeat rational basis review?+
No. When the measure itself states a legitimate purpose that is rationally advanced by its terms, stray statements suggesting bias do not invalidate it under this standard.
Supporting sources
Can Congress rely on rational basis review to enact legislation under Section 5 of the Fourteenth Amendment?+
Congress may not rely on rational basis review alone. Its Section 5 remedies must be congruent and proportional to a documented pattern of unconstitutional state conduct. Otherwise the legislation exceeds its enforcement power.
Supporting sources
What level of deference does rational basis review give to legislative judgments?+
Courts give substantial deference. A law passes if any reasonably conceivable set of facts supports the classification, even if the fit between means and ends is imperfect.
Supporting sources
539 U.S. 558 (2003)Constitutional Law
…v. Cleburne Living Center, Inc. , 473 U. S. 432, 439 (1985); see also Plyler v. Doe , 457 U. S. 202, 216 (1982). Under our rational basis standard of review, "legislation is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest." Cleburne v. Cleburne…