Also known as: rational relation to a legitimate government interest · rationally related to a legitimate government interest · rational basis test · rational basis review
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional standard of review under which a classification or regulation survives challenge if it bears a rational relationship to a legitimate government interest. Courts applying the standard defer to legislative judgments and uphold laws that are underinclusive or overinclusive so long as some plausible connection to a permissible objective exists.
The city council enacts an ordinance requiring all police officers to retire at age 50. Roberto Reyes, a 51-year-old officer who passes every physical fitness test, sues claiming the rule violates equal protection. The court applies rational basis review and upholds the ordinance because the age limit is rationally related to the legitimate interest in maintaining a physically capable force.
The President issues an order barring entry of construction workers from several majority-Muslim countries after intelligence reports flag sabotage risks to military projects. Raymond Ramos, a denied applicant, challenges the order on Establishment Clause grounds. The court applies rational basis review in the immigration context and sustains the order because it states a national-security purpose rationally connected to the entry restrictions.
Select any source to read its text and confirm it supports the definition.
A state funds public schools primarily through local property taxes, producing large spending gaps between wealthy and poor districts. Rowan Russell, a student in a low-wealth district, sues alleging that the system denies equal educational opportunity. The court applies rational basis review and upholds the funding scheme because local control of education is a legitimate interest and the tax-based method is rationally related to that interest.
A city ordinance prohibits only those fighting words that insult others on the basis of race or religion. Rhea Reynolds is prosecuted for displaying a symbol that falls within the narrow ban. The court applies rational basis review and upholds the ordinance because the classification is rationally related to the legitimate interest in protecting community peace.
A state requires abortion clinics to meet ambulatory-surgical-center standards and to obtain admitting privileges at nearby hospitals. Rajesh Rao, a clinic operator, challenges the rules as imposing an undue burden. The court applies rational basis review and upholds the rules because they are rationally related to the legitimate interest in protecting patient health.
A state constitution requires judges to retire at age 70. Rebecca Ross, a 71-year-old judge still performing her duties, sues claiming age discrimination. The court applies rational basis review and upholds the provision because the age limit is rationally related to the legitimate interest in ensuring judicial competence and vigor.
A law fails rational basis review when the classification is not rationally related to the asserted interest or when the interest itself is illegitimate. Courts have struck down measures that rest on mere moral disapproval or that irrationally burden fundamental choices such as marriage or procreation.
Supporting sources
No. Rational basis review tolerates substantial underinclusion and overinclusion. A law survives so long as the classification is rationally related to a legitimate purpose, even if a more precise rule would better advance that purpose.
Supporting sources
When a law significantly burdens a fundamental right such as marriage or parental control of education, courts apply heightened scrutiny rather than rational basis review. The state must then show an important interest and close tailoring rather than mere rationality.
Supporting sources
…Heart of Atlanta Motel, Inc. v. United States , 379 U. S., at 258-259. Thus, under commerce, as under due process, adoption of rational basis review expressed the recognition that the Court had no sustainable basis for subjecting economic regulation as such to judicial policy judgments, and for the past half century the Court has no…