Richard Epstein on the Rational Basis Test

The "rational basis" test that the Supreme Court uses to review actions of state and local governments that aren't subject to closer scrutiny is flawed and should be scrapped, libertarian law professor Richard Epstein writes in his latest weekly column, which is up at the Hoover Institution web site. "The Court should restore some semblance of true rationality to American constitutional law by junking the rational basis test that leads it to disregard every known principle of justice and efficiency," he writes. What set Professor Epstein off was the high court's 6-3 decision in Amour v. Indianapolis. (The three dissenters were Roberts, Scalia, and Alito.)