Also known as:rational basis analyses · rational-basis analysis · rational basis review · rational basis test · rational basis scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review under which a law is upheld if it is rationally related to a legitimate government interest. Courts applying this standard defer heavily to legislative judgments and sustain classifications even when they are underinclusive or overinclusive.
Sources & Authorities
How it applies
Common Examples
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Mandatory Police Retirement Age
The state enacts a statute requiring all police officers to retire at age 50. Officer Ralph Richardson, who remains physically fit at 51, challenges the rule as arbitrary. A court upholds the statute because the age limit is rationally related to the legitimate goal of maintaining a physically capable force.
Entry Restriction on Foreign Nationals
The President issues an order barring entry of pilots from several majority-Muslim countries after citing airport security risks. Pilot trainee Ruby Rivera from one of the listed countries sues, pointing to earlier statements suggesting religious bias. The court sustains the order because it states a national security purpose rationally connected to the restrictions.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Vehicle Advertising Ordinance
A city bans most commercial advertising on vehicles while allowing owners to advertise their own businesses. Business owner Robert Rivera challenges the rule as underinclusive. The court upholds the ordinance under rational basis analysis because it is rationally related to the legitimate goal of reducing traffic distractions.
United States v. Lopez514 U.S. 549 (1995)
Age-Based Employment Presumption
A state presumes that any marriage entered within nine months of a wage earner's death was undertaken to obtain Social Security benefits. Applicant Renee Rogers challenges denial of benefits after her late husband's death. The court sustains the presumption under rational basis review because administrative convenience supplies a legitimate purpose.
United States v. Morrison529 U.S. 598 (2000)
Criminal Prohibition on Private Conduct
A state criminalizes private consensual sexual conduct between adults of the same sex. Defendant Rachel Ramirez is prosecuted after police enter her home and observe the conduct. The court invalidates the statute because it furthers no legitimate state interest under rational basis review.
Lawrence v. Texas539 U.S. 558 (2003)
State Education Exclusion for Undocumented Children
A state denies free public education to children who are undocumented. Student Ralph Richardson, brought to the state as a child, is excluded from school. The court strikes the exclusion because denying education to children fails even rational basis review when cost savings supply the only justification.
Zablocki v. Redhail434 U.S. 374, 387 n.12 (1978)
Common questions
Frequently Asked
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When does a court apply rational basis review rather than heightened scrutiny?+
Rational basis review applies to classifications that are not suspect or quasi-suspect and that do not burden a fundamental right. Age, alienage classifications by the federal government, and most economic regulations receive this deferential standard.
Does a law fail rational basis review merely because it is underinclusive or overinclusive?+
No. Under rational basis review a law may be underinclusive or overinclusive so long as it is rationally related to a legitimate purpose. Courts permit such imperfections as a permissible first step toward addressing a problem.
How does rational basis review apply to federal alienage classifications in immigration and benefits programs?+
Federal alienage classifications receive rational basis review because Congress possesses plenary power over immigration. A distinction between citizens and certain noncitizens is upheld if it is not arbitrary or unreasonable.
What role do statements suggesting improper motive play when a law states a legitimate purpose?+
Under rational basis review the court focuses on whether the stated purpose is legitimate and rationally related to the classification. Extrinsic statements suggesting an improper motive do not invalidate the measure when the text supplies an independent legitimate rationale.
539 U.S. 558 (2003)Constitutional Law
…cases she cites do not recognize such a standard, and reach their conclusions only after finding, as required by conventional rational-basis analysis, that no conceivable legitimate state interest supports the classification at issue. See Romer v. Evans , 517 U. S., at 635; Cleburne v. Cleburne Living Center, Inc. , 473 U. S. 432,…