Equal Protection and the New Rational Basis Test: the Mentally Retarded are not Second Class Citizens in Cleburne

Authors

Gordon W. Johnson

Document Type

Note

Abstract

Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact of Cleburne on the retarded and similarly situated individuals.

Recommended Citation

Gordon W. Johnson Equal Protection and the New Rational Basis Test: the Mentally Retarded are not Second Class Citizens in Cleburne, 13 Pepp. L. Rev. Iss. 2 (1986)
Available at: https://digitalcommons.pepperdine.edu/plr/vol13/iss2/3