Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 24




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               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 “deathbed                






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