challenged classification may survive rational- basis review “even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous”
How later courts described this case
- challenged classification may survive rational- basis review “even if the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous”
- “It could be that the assumptions underlying these rationales are erroneous, but the very fact that they are arguable is sufficient, on rational- basis review, to immunize the legislative choice from constitutional challenge.”
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING EN BANC
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
BY THE COURT:
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedures; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.