What is the test for rational basis review in social welfare legislation?

California, United States of America


The following excerpt is from People v. Rhoades, C078140 (Cal. App. 2018):

Defendant claims this case is like Robbins v. Superior Court (1985) 38 Cal.3d 199 (Robbins), which King, supra, 186 Cal.App.3d at page 661, cited as the sole exception to the long-standing rule that rational basis review is applied to social welfare legislation. Robbins involved a county resolution enabling the welfare department to replace cash grants with "in-kind" benefits for single, employable applicants as part of the county's general assistance program for indigents. (Robbins at pp. 203-204.) The county resolution eliminated the prior cash grants and instead gave persons the choice of residing in a county shelter or receiving nothing. (Id. at p. 204.) The shelters were open dormitories with shared toilets, no privacy, and rules restricting movements and dictating meal times and bed times. (Ibid.) Robbins found a likelihood that the challengers would prevail on the merits of their claim that the new policy infringed on constitutional rights to privacy which includes the right to choose with whom one lives and associates. (Id. at p. 213.)

Other Questions


What is the test for establishing that a statute is rational basis for its rational basis? (California, United States of America)
What is the test for "rational basis review" in the context of equal protection legislation? (California, United States of America)
What is the test for "rational basis review" in the context of equal protection legislation? (California, United States of America)
Is reasonable speculation establishing a rational basis in a legislative classification valid? (California, United States of America)
On what basis is review a de novo review when the relevant facts are undisputed and the issue on appeal requires interpretation? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
Does a criminal restitution fine survive a rational basis review? (California, United States of America)
What is the test for "rational basis review" in the context of equal protection of the law? (California, United States of America)
Is a defendant denied equal protection because he has not received either intercase proportionality review or appropriate intracase review? (California, United States of America)
Does the majority apply the rational basis test to a minor's equal protection claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.