When the Supreme Court rules on the issue of homosexual sodomy this coming spring, it will likely confront one of its favorite devices – the “rational-basis test.” The test is extremely easy to meet.

This column from the Weekly Standard was written by David M. Wagner. Inevitably, liberal angst over the nomination of Judge Samuel Alito has focused on his vote to uphold the entire abortion statute ...

The following is written for our same-sex marriage symposium by Ruthann Robson, Professor of Law & University Distinguished Professor at City University of New York (CUNY) School of Law. Ruthann ...

Since the 1930s, the Supreme Court has set its lowest bar for constitutional review to economic regulation. The court’s rational-basis test doesn’t require policymakers to be wise, or even reasonable.

JURIST Guest Columnist Robert McNamara, an attorney for the Institute for Justice, argues that the standard of review that the US Supreme Court ultimately uses in deciding US v. Windsor should not be ...

INEVITABLY, liberal angst over the nomination of Judge Samuel Alito has focused on his vote to uphold the entire abortion statute at issue in Planned Parenthood v. Casey, including the spousal ...