fbpx

COURTING HISTORY

Invisible Aliens, Alice in Wonderland, & the Rational Basis Test #CourtingHistory

Ever heard of the “Notorious RBT“? The “rational basis test” (RBT) applies in constitutional cases that do not involve rights the Supreme Court has deemed ‘fundamental’–like free speech or religion. In theory, the government has to have a “rational basis” for depriving a person of a ‘non-fundamental’ right, like the right to earn an honest living. But the test’s name is misleading–the test isn’t concerned about the actual basis of the government’s actions, and the government only needs a ‘conceivable’ reason for its liberty-infringing law for the law to survive the RBT.

But just what does the RBT look like in practice, in courtrooms? What does ‘conceivable’ mean, anyway? Check out this #CourtingHistory thread about a Ninth Circuit oral argument that involves everything from Alice in Wonderland to time travel to invisible aliens:


Tags: Judicial Abdication, Ninth Circuit, Rational Basis Test

JOIN THE FIGHT!   Sign up for newsletters:

JOIN THE FIGHT!