/RASH-uh-nuh-lee ruh-LAY-tid too uh luh-JIT-uh-mit stayt PUR-puhs/·principle
Also known as:rationally related to legitimate governmental interest · rational relation to legitimate state interest · rational basis test · rational basis review · rational basis scrutiny
Written by attorneys — see sources below.
An objective standard of judicial review under the Equal Protection and Due Process Clauses. A law or classification satisfies the standard when it bears a reasonable relationship to a permissible governmental objective such as public safety, national security, or administrative efficiency.
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How its tested
Common Examples
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Mandatory Police Retirement Age
Rhea Reynolds, a fifty-one-year-old police officer, challenges a city rule requiring retirement at age fifty. The city defends the rule by pointing to the need for officers who can meet rigorous physical demands during emergencies. The court upholds the rule because the age cutoff advances the city's interest in maintaining an effective force even though Reynolds remains fit.
Entry Restriction on Foreign Nationals
Renee Rogers, a lawyer from a majority-Muslim country, is denied a visa under an executive order citing national-security risks. The order states that the restrictions will reduce the chance of sanctions evasion by foreign professionals. The court sustains the order because the stated security goal is legitimate and the entry limits are connected to that goal.
Ravi Reddy, a parent in a low-property-tax district, sues over the state's reliance on local property taxes to fund schools. The state shows that the system encourages local control and efficient use of resources. The court finds the funding method satisfies the standard because it is connected to the legitimate goal of preserving local autonomy.
San Antonio Independent School District v. Rodriguez411 U.S. 1, 93 S. Ct. 127, 36 L. Ed. 2d 16 (1973)
In the summer of 1968 Mexican-American parents whose children attended elementary and secondary schools in the Edgewood Independent School District in San Antonio Texas brought a class action. They sued on behalf of schoolchildren throughout the state who were members of minority groups or who were poor and resided in school districts having a low property tax base. Named as defendants were the State Board of Education the Commissioner of Education the State Attorney General and the Bexar County Board of Trustees. The complaint was filed in the United States District Court for the Western District of Texas. A three-judge court was impaneled in January 1969.
The Texas system of financing public education originated with the state's first constitution in 1845. It evolved through constitutional amendments permitting local school districts to levy ad valorem taxes for school buildings and maintenance. These local revenues were supplemented by distributions from the state's Permanent School Fund established in 1854 and the Available School Fund.
In the late 1940s the legislature enacted the Minimum Foundation School Program. Under the program the state supplies approximately 80 percent of the cost of teacher salaries operating expenses and transportation. Each district contributes the remaining 20 percent through a Local Fund Assignment. The assignment is calculated by an economic index reflecting relative taxpaying ability. Every district also levies additional local property taxes beyond the assignment to supplement its foundation grant.
For the 1967-1968 school year the Edgewood Independent School District had an average assessed property value of $5960 per pupil and a median family income of $4686. It raised $26 per pupil through local taxation at a rate of $1.05 per $100 of assessed valuation. It received $222 per pupil from the Foundation Program and obtained $108 in federal funds for a total of $356 per pupil. By comparison the Alamo Heights Independent School District had an assessed property value exceeding $49000 per pupil and a median family income of $8001. It raised $333 per pupil locally at a rate of $0.85 per $100 received $225 from the Foundation Program and $36 in federal funds for a total of $594 per pupil. Similar disparities in per-pupil expenditures existed throughout the state. They were largely attributable to differences in the amount of taxable property within each district.
In December 1971 the three-judge District Court rendered judgment holding the Texas school finance system unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The State appealed. The Supreme Court noted probable jurisdiction in 1972 to consider the constitutional questions presented.
Rebecca Ross, an operator of an abortion clinic, attacks a state rule requiring admitting privileges at a nearby hospital. The state asserts the rule protects patient health by ensuring backup care. The court upholds the rule because the requirement is connected to the legitimate objective of promoting safe medical procedures.
Whole Woman’s Health v. Hellerstedt579 U.S. 582 (2016)
In July 2013 the Texas Legislature enacted House Bill 2.
The bill contained an admitting-privileges requirement for physicians performing abortions and a surgical-center requirement for abortion facilities.
Before the law took effect a group of Texas abortion providers filed the Abbott case seeking facial invalidation of the admitting-privileges provision. The district court initially enjoined the provision but the Fifth Circuit vacated the injunction and later upheld the requirement on the basis of evidence presented before enforcement.
On April 6 2014 petitioners a group of abortion providers that included some Abbott plaintiffs filed this suit in federal district court. They sought as-applied relief against the admitting-privileges requirement for facilities in McAllen and El Paso and a statewide injunction against the surgical-center requirement claiming violations of the Fourteenth Amendment.
The district court held a four-day bench trial and received stipulations expert depositions and testimony. It found that the number of facilities providing abortions dropped in half from about 40 to about 20 after the admitting-privileges requirement began to be enforced. It found that the number of women of reproductive age living more than 50 miles from a clinic doubled. The number living more than 100 miles away increased by 150 percent. The number living more than 150 miles away increased by more than 350 percent. The number living more than 200 miles away increased by about 2,800 percent.
It found that the number of facilities would drop to seven or eight if the surgical-center provision took effect. It found that before H. B. 2's passage abortion was an extremely safe procedure with very low rates of complications and virtually no deaths. It found that abortion was safer than many more common procedures not subject to the same level of regulation. It found that the cost of compliance with the surgical-center requirement would most likely exceed 1.5 million dollars to 3 million dollars per clinic.
On the basis of these findings the district court enjoined enforcement of both provisions. The Fifth Circuit reversed in significant part holding that res judicata barred the challenges and that both requirements were constitutional. The case reached the Supreme Court.
Rachel Ramirez sues her attacker under a federal statute creating a civil remedy for gender-motivated violence. Congress justified the remedy as a response to the aggregate effects of such violence on interstate commerce. The court rejects the statute because the remedy is not connected to any legitimate federal regulatory purpose under the Commerce Clause.
United States v. Morrison529 U.S. 598 (2000)
In September 1994 Christy Brzonkala enrolled as a student at Virginia Polytechnic Institute and State University. Within thirty minutes of meeting fellow students Antonio Morrison and James Crawford, both members of the varsity football team, Brzonkala alleges that the two men assaulted and repeatedly raped her. Morrison allegedly told Brzonkala after the attack that she had better not have any diseases. He later announced in a dormitory dining room that he liked to get girls drunk and made other vulgar remarks about women.
Brzonkala became severely emotionally disturbed and depressed after the incident. She sought assistance from a university psychiatrist who prescribed antidepressant medication. She stopped attending classes and withdrew from the university. In early 1995 she filed a complaint against Morrison and Crawford under the university's Sexual Assault Policy. Virginia Tech conducted a hearing under its Sexual Assault Policy and a second hearing under its Abusive Conduct Policy. The first found Morrison guilty of sexual assault and suspended him for two semesters. The second hearing again found him guilty but changed the offense description to using abusive language. University officials later set aside the punishment.
In December 1995 Brzonkala sued Morrison, Crawford, and Virginia Tech in the United States District Court for the Western District of Virginia. Her complaint alleged that the attack violated 42 U.S.C. §13981, the civil remedy provision of the Violence Against Women Act of 1994, which creates a federal cause of action for compensatory and punitive damages against persons who commit crimes of violence motivated by gender. She also asserted Title IX claims against the university.
The district court dismissed the Title IX claims for failure to state a claim. It also dismissed the §13981 claim on the ground that Congress lacked authority to enact the provision under either the Commerce Clause or Section 5 of the Fourteenth Amendment. A divided panel of the Fourth Circuit reversed in part, but the en banc Fourth Circuit affirmed the district court's conclusion that Congress lacked constitutional authority to enact §13981.
The Supreme Court granted certiorari to determine the constitutionality of the civil remedy provision.
Roland Rhodes is prosecuted for carrying a handgun near a school. Congress defended the ban as a measure to reduce violent crime that affects the national economy. The court strikes down the statute because the prohibition is not rationally connected to any legitimate federal interest in regulating interstate commerce.
United States v. Lopez514 U.S. 549 (1995)
In March 1992, Alfonso Lopez, Jr., a twelfth-grade student at Edison High School in San Antonio, Texas, arrived at school carrying a concealed .38-caliber handgun and five bullets. Acting on an anonymous tip, school authorities confronted Lopez, who admitted possessing the weapon. Local police arrested him and charged him under Texas law with firearm possession on school premises.
The following day, state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him on one count of knowing possession of a firearm at a school zone. Lopez moved to dismiss the indictment, arguing that the statute exceeded Congress's power to legislate control over public schools.
The district court denied the motion, concluding that the statute was a constitutional exercise of Congress's power to regulate activities affecting commerce because the business of schools affects interstate commerce. After a bench trial, the court found Lopez guilty and sentenced him to six months' imprisonment and two years of supervised release.
Lopez appealed to the Court of Appeals for the Fifth Circuit, which reversed the conviction, holding that the statute was beyond Congress's power under the Commerce Clause. The Supreme Court granted certiorari to review the case.
What level of scrutiny applies when a classification receives rational basis review?
The classification is upheld if it is rationally related to a legitimate state purpose. Courts defer to legislative judgments and will sustain the law even if it is underinclusive or overinclusive.
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Does moral disapproval alone supply a legitimate state purpose?
No. Moral disapproval of private consensual adult conduct is not a legitimate governmental interest. A law resting solely on that ground fails even rational basis review.
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How much deference do courts give to legislative judgments under this standard?
Courts give substantial deference. A law may be upheld even if it is not the best means to achieve the goal or if the legislature could have chosen a different approach.
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Can a law survive review even if it is underinclusive?
Yes. A law need not address every aspect of a problem at once. Legislatures may take one step at a time so long as the chosen classification is rationally related to a legitimate purpose.
Supporting sources
539 U.S. 558 (2003)
…the ground that "[t]he crafting and safeguarding of public morality . . . indisputably is a legitimate government interest under rational basis scrutiny"); Milner v. Apfel , 148 F. 3d 812, 814 (CA7 1998) (citing Bowers for the proposition that "[l]egislatures are permitted to legislate with regard to morality . . . rather than confined…