The following excerpt is from Neary v. Gruenberg, No. 17-2470-cv (2nd Cir. 2018):
3. Because age is not a suspect class, age-based discrimination does not offend equal protection "if the age classification in question is rationally related to a legitimate [government] interest." Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 83 (2000). "[W]hen conducting rational basis review [courts] will not overturn . . . government action unless the varying treatment of different groups
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