Legal term

Rational basis review

Answer: Rational basis review. This is the most deferential equal-protection standard (applied to states via the Fourteenth Amendment and to the federal government through the Fifth Amendment). A law is upheld if it is rationally related to a legitimate governmental interest, enjoys a presumption of validity, and may be sustained on conceivable justifications, even if under- or overinclusive (F.C.C. v. Beach Communications; Williamson v. Lee Optical).

Rule to remember

Rational basis review (also called rational review) is the most deferential constitutional scrutiny. Courts uphold laws that do not involve suspect or quasi‑suspect classes or fundamental rights if the law is rationally related to a legitimate governmental interest.

Key elements and checks

In the source’s words

“Legislative choice is not subject to courtroom fact-finding and may be based on rational speculation unsupported by evidence or empirical data.”

F.C.C. v. Beach Communications, 508 U.S. 307 (1993) (LII)

“But the law need not be in every respect logically consistent with its aims to be constitutional.”

Williamson v. Lee Optical, 348 U.S. 483 (1955) (LII)

State variation: Some state constitutions are interpreted to provide more protection for economic or other regulations than the federal minimum; always check relevant state constitutional law.

Sources