Opinion

Lofton v. Secretary of the Department of Children & Family Services

  • 377 F.3d 1275
Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 28, 2004
Status
Published
Author
Anderson
On the bench
Edmondson, Tjoflat, Anderson, Birch, Dubina, Black, Carnes, Barkett, Hull, Marcus, Wilson, Pryor
Cited by
2 cases

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

ANDERSON, Circuit Judge,

Dissenting from the Denial of Rehearing En Banc in which DUBINA, Circuit Judge, joins:

I agree with Judge Barkett that the cases she discusses in Section I of her comprehensive dissent indicate that the challenged provision of the Florida statute violates the Equal Protection Clause. For this reason, and because the issue is of exceptional importance, Fed.R.App.P. 35(a)(2), en banc rehearing should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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