A Casebook Section Companion to the Canon of Rational Basis Review

Abstract

This model casebook section on rational basis review under the Equal Protection Clause is free and available for use with attribution. This casebook section is intended to provide students with a fuller perspective on the various inconsistent approaches that courts take to rational basis review, and how that inconsistency can be used by attorneys. For the article that this casebook section is a companion to, see Katie R. Eyer, The Canon of Rational Basis Review, 93 Notre Dame L. Rev. 1317 (2018), available at https://ssrn.com/abstract=2922546.

Keywords: Rational Basis Review, Equal Protection, Constitutional Law Pedagogy