rational basis test in Pennsylvania

2024Small v. Horn, 554 Pa. 600, 615 , 722 A.2d 664, 672 (1998). “[U]nder the rational basis test, if any state of facts can be envisioned to sustain the classification, equal protection is satisfied.” Commonwealth v. Albert, 563 Pa. 133, 141 , 758 A.2d 1149, 1153 (2000).

2024Small v. Horn, 554 Pa. 600, 615 , 722 A.2d 664, 672 (1998). “[U]nder the rational basis test, if any state of facts can be envisioned to sustain the classification, equal protection is satisfied.” Commonwealth v. Albert, 563 Pa. 133, 141 , 758 A.2d 1149, 1153 (2000).

2024Under a rational basis analysis, the General Assembly is not required to “specifically articulate the purpose or rationale supporting its action.” Id.

2022Appeal Bd. (Rite Aid Corp.), 883 A.2d 518, 534 (Pa. 2005)]. 6 Under the rational basis test, we are constrained to find that Section 306(c)(22) meets constitutional muster.

2017I respectfully distance myself from the majority’s reliance on Plowman v. Dept. of Tran., Bureau of Driver Licensing, 635 A.2d 124 (Pa. 1993), to support its holding in this regard, and I distance myself from the view expressed in Justice Wecht’s thoughtful concurring opinion — that the rational basis test in Pennsylvania grants deference to the legislature greater than that articulated by this Court in Gambone, supra, and Nixon, supra. Like the well-reasoned majority, I would defer that question to a future case in which the issue is precisely presented and addressed by the parties and the lo

2017“The rational basis test mandates a two-step analysis!.]” Id.

2023(Id.) Relying upon the Pennsylvania Supreme Court’s decision in Ladd v. Real Estate Commission, 230 A.3d 1096 (Pa. 2020) (Ladd II),10 and the heightened rational basis test articulated in Gambone v. Commonwealth, 101 A.2d 634 (Pa. 1954), Petitioner argues a limited licensing scheme like the one at issue herein “must have a real and substantial relationship to a legitimate government end[] and not impose burdens . . . that are unduly oppressive or patently unnecessary,” and the Law, as applied to her, is unduly burdensome notwithstanding the alleged state interest involved.

2021Noting that this move informed the Commonwealth Court’s decision in Gingrich, the Majority correctly observes that the court’s reasoning in that case “implicated a rational-basis inquiry” that the lower court in this case made express.29 The Majority expands upon the lower court’s approach by invoking the United States Supreme Court’s endorsement of a “means-ends assessment for purposes of the 28 101 A.2d 634 (Pa. 1954). 29 Maj.

2020It recognized that the rational basis test generally requires courts to “determine whether the challenged statute seeks to promote any legitimate state interest or public value” and then to “determine whether the classification adopted in the legislation is reasonably related to accomplishing that articulated state interest or interests.” Id. at 1036 (quoting Curtis, 666 A.2d at 269 ).

2018If so, we must next determine whether the classification adopted in the legislation is reasonably related to accomplishing that articulated state interest or interests.” Curtis v. Kline, 666 A.2d 265, 269 (Pa. 1995). “[B]ecause a presumption of constitutionality attaches to any lawfully enacted legislation, the burden is upon the party attacking a statute to rebut the presumption of constitutionality by a clear, palpable, and plain demonstration that the rational basis test is not met.” Probst v. Dep’t of Transp., Bureau of Driver Licensing, 849 A.2d 1135, 1144 (Pa. 2004).

2020Shoul, 173 A.3d at 677 , quoting Heller v. Doe, 509 U.S. 312, 319-21 (citations and quotations omitted). 15Notwithstanding Justice Wecht’s dissenting position that Gambone is not good law and should be overruled, see Dissenting Opinion, Wecht, J., slip op. at 1-8, both parties to this appeal agree the rational basis test articulated in Gambone and applied in Nixon and Shoul is the proper test in a substantive due process challenge to a statute that purportedly infringes on a non-fundamental right. [J-71-2019] - 21 definition of real estate broker.

2018Recently, in Shoul v. Commonwealth, Dep't of Transportation, Bureau of Driver Licensing , --- Pa. ----, 173 A.3d 669 (2017), we held that laws that impact a person's occupational interests are subject to a rational basis test.

2014Auth., 505 Pa. 137, 145 , 477 A.2d 1302, 1305-06 (1984).] Classifications in the area of commercial regulation are normally tested against the rational basis principle.

2014Auth., 505 Pa. 137, 145 , 477 A.2d 1302, 1305-06 (1984).] Classifications in the area of commercial regulation are normally tested against the rational basis principle.

2020In Nixon [], our Supreme Court reaffirmed that for ‘substantive due process challenges brought under the Pennsylvania Constitution, the rational basis test is that announced by this Court in Gambone.’ Nixon [], 839 A.2d at 277-78 n.15.

2020Ladd further argued demurrer should be overruled because she was not required to prove the merits of her substantive due process claim at the pleadings stage and because RELRA, as applied to her, was unconstitutional pursuant to the heightened rational basis test applied in Nixon v. Commonwealth, 839 A.2d 277 (Pa. 2003) (applying heightened rational basis test announced in Gambone, as discussed infra).

2015Because “convicted sexual offenders as a category of felons[] is not . . . a suspect class,” we reviewed, in Miller, Megan’s Law II’s registration requirements under a rational basis standard and concluded that the classification scheme met equal protection standards claims under the Fourteenth Amendment to the United States Constitution.” Love v. Borough of Stroudsburg, 597 A.2d 1137, 1139 (Pa. 1991). 23 because it sought to promote the legitimate state interest of promoting public safety and welfare.

1994In ae- cord with the deferential scope of review we must afford social welfare legislation, the proper level of scrutiny is the rational relationship test. 2 The applicable standard of review is the rational basis test because the classification does not implicate suspect classes or fundamental rights. 3 In order for the classification to sustain constitutional attack under the rational basis test, “it need only be directed at the accomplishment of a legitimate governmental interest, and to do so in a manner which is not arbitrary or unreasonable.” Love v. Borough of Stroudsburg, 528 Pa. at 32

2021(Id. at 17.) 17 The Department responds that “the right to practice a chosen profession is subject to the lawful exercise of the power of the State to protect the public health, safety, welfare, and morals by promulgating laws and regulations that reasonably regulate occupations.” (Department’s Br. at 20 (citing Khan v. State Bd. of Auctioneer Exam’rs, 842 A.2d 936, 946 (Pa. 2004)).) Moreover, the Department contends, the right to engage in a particular licensed occupation is subject to certain conditions and, therefore, requires only that the rational basis test be satisfied.

2019See Khan v. State Bd. of Auctioneer Exam'rs , 577 Pa. 166 , 842 A.2d 936 , 946 (2004).

2024Small v. Horn, 554 Pa. 600, 615 , 722 A.2d 664, 672 (1998). “[U]nder the rational basis test, if any state of facts can be envisioned to sustain the classification, equal protection is satisfied.” Commonwealth v. Albert, 563 Pa. 133, 141 , 758 A.2d 1149, 1153 (2000).

2024Small v. Horn, 554 Pa. 600, 615 , 722 A.2d 664, 672 (1998). “[U]nder the rational basis test, if any state of facts can be envisioned to sustain the classification, equal protection is satisfied.” Commonwealth v. Albert, 563 Pa. 133, 141 , 758 A.2d 1149, 1153 (2000).

2023Furthermore, we keep in mind that because a presumption of constitutionality attaches to any lawfully enacted legislation, the burden is upon the party attacking a statute to rebut the presumption of constitutionality by a clear, palpable, and plain demonstration that the rational basis test is not met. 849 A.2d 1135 , 1133 (Pa. 2004) (internal citations omitted).

2020“Therefore, the rational basis test is the equal protection standard against which [the ignition interlock requirements of the Vehicle Code are] to be measured.” Id.

2020Commonwealth v. Burnsworth, 669 A.2d 883, 889 (Pa. 1995) (“To [perform the rational basis analysis], we have set forth a two[-]step approach.

2017In undertaking this analysis, courts are free to hypothesize grounds the Legislature might have had for the classification.”) (citation omitted); Commonwealth v. Burnsworth, 543 Pa. 18 , 669 A.2d 883, 889 (1995) (“To [perform the rational basis analysis], we have set forth a two[-]step approach.

2023(Speaker’s Br. at 84-85.) For support of this proposition, Legislative Respondents cite Skeen, 505 N.W.2d at 316 , and Kukor v. Grover, 436 N.W.2d 568, 580 (Wis. 1989), in which the Minnesota Supreme Court and Wisconsin Supreme Court applied the rational basis test, notwithstanding that each court determined education was a fundamental right.

2017Dist. v. Walter, 58 Ohio St.2d 368 , 390 N.E.2d 813, 817-19 (1979); cf. Kukor v. Grover, 148 Wis.2d 469 , 436 N.W.2d 568, 579 (1989) (determining that an "equal opportunity for education" is a fundamental right under the state’s education clause, but holding that the state’s education funding system was subject to rational basis review); Skeen v. State, 505 N.W.2d 299, 313 (Minn. 1993) (similarly finding that education is. a fundamental right under the state charter and, while strict scrutiny should apply "in determining whether the legislature has met a student’s fundamental right to a genera

2010The appellant argued that the rational basis test applied, and we specifically noted: “Given that Appellant limits his argument in this fashion, we need not decide whether any other level of scrutiny should apply.” In re K.A.P., 916 A.2d at 1161 n. 6.

2010The appellant argued that the rational basis test applied, and we specifically noted: "Given that Appellant limits his argument in this fashion, we need not decide whether any other level of scrutiny should apply." In re K.A.P., 916 A.2d at 1161 n. 6.

2011See id. at 16-17 , 96 S.Ct. at 2893 (explaining that such legislation is constitutional if it satisfies the rational-basis test).

2011See id. at 16-17 , 96 S.Ct. at 2893 (explaining that such legislation is constitutional if it satisfies the rational-basis test).

2021This Court previously determined that the Workers’ Compensation Act confers a social welfare benefit on injured workers, and that “a statutory classification in the area of social welfare is consistent with equal protection if it meets the rational basis test.” Kramer, 883 A.2d at 534 (citing Richardson v. Belcher, 404 U.S. 78 . 80 (1971); Dandridge v. Williams, 397 U.S. 471, 487 (1970); Ligonier Tavern, Inc. v. WCAB (Walker), 714 A.2d 1008, 1011 (Pa. 1998)).

1983Furthermore, in analyzing the application of the irrebuttable presumption doctrine in cases not involving fundamental rights, the Court noted that its earlier decisions, including Flemming v. Nestor, 363 U.S. 603 , 80 S.Ct. 1367 (1960); Dandridge v. Williams, 397 U.S. 471 , 90 S.Ct. 1153 (1970); and Richardson v. Belcher, 404 U.S. 78 , 92 S.Ct. 254 (1971), employed the rational basis test without using the irrebuttable presumption doctrine.

1990Such áction by a legislature is presumed to be valid.” Murgia, supra, 427 U.S. at 307 , 96 S.Ct. at 2562 . (citations omitted) The rational basis test employs only minimal scrutiny which upholds classifications unless they are patently arbitrary and lack any rational relationship to a legitimate government interest.

1990Such áction by a legislature is presumed to be valid.” Murgia, supra, 427 U.S. at 307 , 96 S.Ct. at 2562 . (citations omitted) The rational basis test employs only minimal scrutiny which upholds classifications unless they are patently arbitrary and lack any rational relationship to a legitimate government interest.

2019The Fouses contend that the inclusion of a post-sale right to redemption in the MCTLA, and the exclusion of such a right from the RETSL, violate principles of equal protection. "[I]n evaluating this question, we employ the rational basis test, under which a statutory classification will be upheld so long as it bears a reasonable relationship to accomplishing a legitimate state purpose." Commonwealth v. Duda , 592 Pa. 164 , 923 A.2d 1138 , 1151 (2007).

2019The Fouses contend that the inclusion of a post-sale right to redemption in the MCTLA, and the exclusion of such a right from the RETSL, violate principles of equal protection. "[I]n evaluating this question, we employ the rational basis test, under which a statutory classification will be upheld so long as it bears a reasonable relationship to accomplishing a legitimate state purpose." Commonwealth v. Duda , 592 Pa. 164 , 923 A.2d 1138 , 1151 (2007).

2024See Adler, 311 A.2d at 640–41; Pa. State Bd. of Pharmacy v. Pastor, 441 Pa. 186 , 272 A.2d 487 , 490–91 (1971); Pennsylvania Medical Society v. Foster, 147 Pa.Cmwlth. 528 , 608 A.2d 633 , 637–38 (1992); see also West Coast Hotel Co. v. Parrish, 300 U.S. 379, 392 , 57 S.Ct. 578 , 81 L.Ed. 703 (1937) (recognizing that most interests are not absolute and are subject to rational basis test).

2024See Adler, 311 A.2d at 640–41; Pa. State Bd. of Pharmacy v. Pastor, 441 Pa. 186 , 272 A.2d 487 , 490–91 (1971); Pennsylvania Medical Society v. Foster, 147 Pa.Cmwlth. 528 , 608 A.2d 633 , 637–38 (1992); see also West Coast Hotel Co. v. Parrish, 300 U.S. 379, 392 , 57 S.Ct. 578 , 81 L.Ed. 703 (1937) (recognizing that most interests are not absolute and are subject to rational basis test).

2023(Speaker’s Br. at 84-85.) For support of this proposition, Legislative Respondents cite Skeen, 505 N.W.2d at 316 , and Kukor v. Grover, 436 N.W.2d 568, 580 (Wis. 1989), in which the Minnesota Supreme Court and Wisconsin Supreme Court applied the rational basis test, notwithstanding that each court determined education was a fundamental right.

2023(Id. at 59-60 (citing Skeen, 505 N.W.2d at 315 ).) Petitioners assert that the court in Skeen “was not being asked to evaluate an adequacy claim, but rather a challenge to ‘the particular means employed to finance state education,’” so the 740 court applied the rational basis test.

2023(Id. at 86 (citing Walter, 390 N.E.2d at 819 ; and King v. Iowa, 818 N.W.2d 1, 27 (Iowa 2012)).) Legislative Respondents also argue that “[b]ecause any ‘fundamental’ or ‘important’ right to education would necessarily derive from the Education Clause, it logically follows that a similar standard should apply to both of Petitioners’ claims,” and since the reasonable relation standard should apply, in Legislative Respondents’ view, to Petitioners’ 734 Education Clause claim, “it logically follows” that the rational basis test should apply to Petitioners’ Equal Protection Clause claim.

2017Dist. v. Walter, 58 Ohio St.2d 368 , 390 N.E.2d 813, 817-19 (1979); cf. Kukor v. Grover, 148 Wis.2d 469 , 436 N.W.2d 568, 579 (1989) (determining that an "equal opportunity for education" is a fundamental right under the state’s education clause, but holding that the state’s education funding system was subject to rational basis review); Skeen v. State, 505 N.W.2d 299, 313 (Minn. 1993) (similarly finding that education is. a fundamental right under the state charter and, while strict scrutiny should apply "in determining whether the legislature has met a student’s fundamental right to a genera

2015See Miller, 886 A.2d at 315 (stating that “legislation creating different categories among criminal offenders[] receives rational basis review; however, legislation based on suspect classifications, such as race, national origin, or alienage, as well as classifications that affect fundamental rights are examined under strict scrutiny”). 10 We did not address whether the petitioners’ fundamental right to reputation was infringed by Megan’s Law II in Miller.

2014See id; see also Doe v. Miller, 886 A.2d 310 (Pa.Cmwlth.2005), aff'd, 587 Pa. 502 , 901 A.2d 495 (2006).