Robin Vander Wall
@Pete . . . There are no set guidelines or fixed criteria for determining precisely when a state’s statute is constitutional under rational basis. Rational basis is a standard of review where courts begin their analysis of a constitutional claim whenever there are no “fundamental” rights being implicated. That’s why it’s important when developing a complaint to support the constitutional challenge by demonstrating that a fundamental right is, in fact, being frustrated. The term, “fundamental right,” is also loaded with significant legal meaning because not ALL of our rights are deemed fundamental. So whenever a lawsuit is filed that doesn’t include a claim demonstrating that a state statute impedes a fundamental right, courts will hold to a lower standard of review (rational basis) in determining the constitutionality of the law in question. Remember, too, that a statute is presumed to be constitutional on its face.