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A very deferential rational basis review would end there.
"There's no need to get to higher scrutiny if it fails rational basis review," he said.
A shift to rational basis review would minimize or possibly even eliminate these beneficial effects.
It reasoned that because all laws must survive rational basis review, it makes sense to start there.
Justice Scalia has suggested that even a lower standard — rational basis review — might be appropriate for such content-neutral restrictions.
"He finds it doesn't even meet rational basis review" for the legal distinction between same-sex marriage and heterosexual unions, Professor Chemerinsky said.
Similar(14)
Both jurists would likely reach the same decisions whether they were using heightened scrutiny or mere rational-basis review.
If, as the Court asserts, the promotion of majoritarian sexual morality is not even a legitimate state interest, none of the above-mentioned laws can survive rational-basis review.
Most of the rest of today's opinion has no relevance to its actual holding -- that the Texas statute "furthers no legitimate state interest which can justify" its application to petitioners under rational-basis review.
v. Garrett, 531 U.S. 356, 383 (2001) (BREYER, J., dissenting) ("Rational-basis review — with its presumptions favoring constitutionality — is 'a paradigm of judicial restraint.'" (quoting FCC v. Beach Communications, Inc., 508 U.S. 307, 314 (1993))).
However, in order to be necessary, the intrastate ban must be more than a reasonable means [of] effectuat[ing] the regulation of interstate commerce. Brief for Petitioners 14; see ante, at 19 (majority opinion) (employing rational-basis review).
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