what is a fairly recent example or well-known supreme court case which involved the court applying ordinary scrutiny/rational basis test? thanks in advance
what is a fairly recent example or well-known supreme court case which involved the court applying ordinary scrutiny/rational basis test? thanks in advance
Romer v. Evans, 1996, was an example of the Court **claiming** to apply the rational basis test and striking down the law as they do so, although it is extremely dubious to take seriously that the law really should have been struck down under that standard. That was what I would call a misfire.
http://en.wikipedia.org/wiki/Romer_v._Evans
Heller v. Doe, 1993, was a better example of the Court actually applying the rational basis test and upholding the law as they do so, like they should have. In this case, the issue was a Kentucky law that made it easier to involuntarily commit a mentally retarded person than to commit a mentally ill person. The law was rational because mental illness is more difficult to diagnose than mental retardation and because treatment for the mentally ill is typically more invasive than treatment for the retarded.
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