In a constitutional challenge to a statute based on rational-basis review, who bears the ultimate burden of persuasion?

In a constitutional challenge to a statute based on rational-basis review, who bears the ultimate burden of persuasion?

• A. The plaintiff must prove there is no conceivable legitimate purpose for the law
• B. The government must show the law is rationally related to a legitimate government interest
• C. The plaintiff must show the law fails to serve a compelling interest
• D. The government must demonstrate the law serves an important public purpose

Answer: (B)

Rational-basis review is the most deferential level of scrutiny. The government must justify the statute by showing it is rationally related to a legitimate government interest. Because the standard presumes validity, the court accepts any plausible link between the law and a legitimate end, and the law stays in place if the government can articulate such a basis. The burden to persuade the court that the law has a rational relation rests with the government defending the statute. If the government cannot show such a relation, the statute fails. While it’s common to hear that a challenger must show there is no conceivable rational basis, in this framing the focus is on the government’s duty to provide a rational link, which is why this option is the best answer.

Rational-basis review is the most deferential level of scrutiny. The government must justify the statute by showing it is rationally related to a legitimate government interest. Because the standard presumes validity, the court accepts any plausible link between the law and a legitimate end, and the law stays in place if the government can articulate such a basis. The burden to persuade the court that the law has a rational relation rests with the government defending the statute. If the government cannot show such a relation, the statute fails.

While it’s common to hear that a challenger must show there is no conceivable rational basis, in this framing the focus is on the government’s duty to provide a rational link, which is why this option is the best answer.