1. SP SoR
CL2 Jamar

2. EP Standards of Review - Formula
Classification
Closeness of relationship
Degree of governmental interest required
Deference given

3. Rational Basis SoR
The means chosen must be rationally related to a legitimate state interest

4. Rational Basis SoR
The means chosen must be rationally related to accomplishing a legitimate state interest

5. Rational Basis SoR
The means: in EP the “means” is always a classification
Closeness of relationship: rationally related
Strength of government interest being served: legitimate interest

6. Rational Basis SoR Rephrased:
The classification must be rationally related to accomplishing the legitimate government interest being served

7. Rational Basis SoR
The classification must be rationally related to accomplishing the legitimate government interest being served
Highly deferential: could the legislature (or administrative agency or executive) have rationally decided that the classification might serve its legitimate interest?
Constitutionality will be presumed
No legislative explanation or showing or record is required

8. 3 Main EP SoRs EP Rational Basis: EP Strict Scrutiny:
The classification is rationally related to accomplishing a legitimate state interest
High deference
EP Strict Scrutiny:
The classification is the least restrictive means available to accomplishing a compelling state interest
Presumed unconstitutional
EP Intermediate Scrutiny:
The classification is closely related to accomplishing a substantial state interest
Burden on the state to show justification