Wither Rational Basis Test?

June 10th, 2012

With all these DOMA cases finding that this law lacks a rational basis–a farce if we take the rational basis test seriously (I don’t, it is not a test but a rubber stamp)–should we forsee the death of the rational basis test?

Nah. Rather, Judges will apply some meaningful scrutiny to rights that are important, and useless scrutiny to rights that aren’t important.