Exposure to pornography at that young an age has a powerful effect on developing minds. A 2017 study, for example, found that ...

The test is extremely easy to meet. Rational-basis test won’t answer sodomy case – The Minnesota Daily When the Supreme Court rules on the issue of homosexual sodomy this coming spring, it will likely ...

A rational basis test is also used when the Court reviews whether Congress has exceeded its enumerated powers under the Commerce Clause (United ... For example, if one accepts as a legitimate ...

I support same-sex marriage as a policy matter, and I think there are plausible arguments for concluding that modern Equal ...

This is a much more demanding test than the rational basis test, ... The lawsuit filed by the Rev. Tillis, for example, complains only that the mandate violates the Florida Constitution.

Since the 1950s, federal equal protection clause challenges to state economic regulations have been subject to a very forgiving rational basis test. In essence, if a court can come up with any ...

This is what scholars call rational basis “with bite.” Rational basis “with bite” The Supreme Court has never formally recognized a rational-basis “with bite” standard using those terms. However, the ...

INEVITABLY, liberal angst over the nomination of Judge Samuel Alito has focused on his vote to uphold the entire abortion statute at issue in Planned Parenthood v. Casey, including the spousal ...

One must admit that the rational basis test, as Judge Alito deployed it in Casey, is not the only form that test has taken. A critique of the test, articulated for instance by Mickey Kaus, ...

Whether the rational basis standard of review should be used to evaluate DOMA is also before Judge Barbara Jones of the Southern District of New York in Windsor v. United States .

Rational basis review does not empower federal courts to “subject” legislative line-drawing to “courtroom” factfinding designed to show that legislatures have done too much or too little. Id.

Since the 1950s, federal equal protection clause challenges to state economic regulations have been subject to a very forgiving rational basis test. In essence, if a court can come up with any ...