[jimfree]

Actually, the least restrictive constitutional test is rational basis.

[marktwain]

Actually, the least restrictive constitutional test is rational basis.

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Yes, least restrictive for the government.

Almost anything can pass rational basis. The government just has to make a claim that there is some rational reason for the law. It does not have to be true.

In several circuits, “Intermediate scrutiny” has collapsed to “rational basis”.

But, I am not a lawyer. I am willing to be educated to a different understanding.