It’s Conceivable That Invisible Space Aliens Are Flying Among Us: The Insanity of the Rational Basis Test
As long as a court can conceive of a justification for some challenged laws, then it will decline to intervene. This conceivable justification does not have to be a good one, and the government does not even have to offer, much less prove, one! This is an extremely deferential, pro-government standard of review. (Keep reading)