- 24 - The approach under which the Supreme Court now reviews congressional legislation is “a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinctions is peculiarly a legislative task and an unavoidable one”. Schweiker v. Wilson, 450 U.S. 221, 234 (1981) (reviewing SSI program under equal protection component of Fifth Amendment). Legislative classifications will be upheld so long as they bear a “rational relation to a legitimate legislative goal”, Weinberger v. Salfi, 422 U.S. 749, 772 (1975); “advances legitimate legislative goals in a rational fashion”, Schweiker v. Wilson, 450 U.S. at 234; have “some ‘reasonable basis’”, Dandridge v. Williams, 397 U.S. 471, 485 (1970), quoting Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78 (1911); “have support in considerations of policy and practical convenience”, Steward Machine Co. v. Davis, 301 U.S. 548, 584 (1937); do not achieve their purposes in a patently “arbitrary or irrational way”, U.S. Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 177 (1980); Duke Power Co. v. Carolina Env. Study Group, 438 U.S. 59, 83 (1978); and do not “manifest a patently arbitrary classification utterly lacking in rational justification”, Flemming v. Nestor, 363 U.S. 603, 611 (1960). See also Reno v. Flores, 507 U.S. 292, 303 (1993) (rejecting a substantive due process challenge to a regulation that was “rationally connected to a governmental interest * * * and * * * not * * * excessive in relation to that valid purpose”); Leikind v. Schweiker, 671 F.2d 823, 825 (4th Cir. 1982) (“The standard of review under substantive due process is that the statute must be upheld if there is any rational basis for the classification made therein.”) (citing Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976)). Section 2035(c) bears a rational relation to the legitimate legislative goal of eliminating incentives to make “deathbedPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011