Cite as: 508 U. S. 307 (1993)
Stevens, J., concurring in judgment
ultimate conclusion. In my judgment, it is reasonable to presume 3 that Congress was motivated by an interest in allowing property owners to exercise freedom in the use of their own property. Legislation so motivated surely does not violate the sovereign's duty to govern impartially. See Hampton v. Mow Sun Wong, 426 U. S. 88, 100 (1976). Accordingly, I concur in the judgment of the Court.
323
3 The Court states that a legislative classification must be upheld "if there is any reasonably conceivable state of facts that could provide a rational basis for the classification," and that "[w]here there are 'plausible reasons' for Congress' action, 'our inquiry is at an end,' " ante, at 313-314. In my view, this formulation sweeps too broadly, for it is difficult to imagine a legislative classification that could not be supported by a "reasonably conceivable state of facts." Judicial review under the "conceivable set of facts" test is tantamount to no review at all.
I continue to believe that when Congress imposes a burden on one group, but leaves unaffected another that is similarly, though not identically, situated, "the Constitution requires something more than merely a 'conceivable' or 'plausible' explanation for the unequal treatment." United States Railroad Retirement Bd. v. Fritz, 449 U. S. 166, 180 (1980) (Stevens, J., concurring in judgment). In my view, when the actual rationale for the legislative classification is unclear, we should inquire whether the classification is rationally related to "a legitimate purpose that we may reasonably presume to have motivated an impartial legislature." Id., at 181 (emphasis added).
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