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.