What is rational basis review and when is it applied?

• A. The default level of scrutiny; government must show a rational relation to a legitimate interest
• B. The default level of scrutiny; government need only show rational relation to a legitimate interest
• C. Strict scrutiny; government must show a compelling interest
• D. Intermediate scrutiny; government must show substantial relation to an important objective

Answer: (B)

Rational basis review is the default standard courts use to test laws that don’t involve a fundamental right or a suspect class. Under this standard, a law will be sustained if it is rationally related to a legitimate government interest. The government bears the burden of justification, and as long as there is any plausible reason the law could further a legitimate public objective, the court will uphold it, even if the connection is weak. This makes it highly deferential and is commonly applied to economic regulations and other non-fundamental classifications. It does not apply to cases involving strict or intermediate scrutiny, such as when race or fundamental rights are at stake, where the government must show more compelling or narrowly tailored objectives and means.