MBE Rules · Constitutional Law
Equal Protection — rational basis
The rule
Default standard. The law is upheld if rationally related to any legitimate government interest. Plaintiff bears the burden of proving irrationality. Almost always survives. Exception: animus-driven laws fail rational basis (Cleburne, Romer, Windsor).
In plain English
A law is usually valid if it makes sense for a reasonable government goal. It's hard to prove a law doesn't make sense unless it's clearly unfair or biased.
Worked example
A city passes a law requiring bike helmets to reduce injuries. A resident claims it's unfair, but since it promotes safety, the law is likely valid under rational basis.
Memory hook
Rational Basis: Rarely Beaten. Laws usually win unless pure prejudice is proven.
The trap
Students think: Any irrational law fails. Wrong, because most laws have some legitimate purpose. The actual test is proving the law is purely driven by animus.
How examiners test it
MBE loves: law targets unpopular group, claims rational basis. Trap: students miss that animus can fail the test, as seen in Cleburne and Romer.
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