Friday, May 19, 2006

The insanity of the rational basis test

Clark Neily of the Institute for Justice, in the NYU Journal of Law and Liberty exposes the sham we call the rational basis test.

Citing the Wisconsin Supreme Court's decision in Ferdon v. WI Patients Compensation Fund, 701 N.W.2d 440 (2005): "the rational basis test is nothing more than a Magic Eight Ball that randomly generates different answers to key constitutional questions depending on who happens to be shaking it and with what level of vigor."