Rational basis review tests whether the government's actions are "rationally related" to a "legitimate" government interest.United States v. Carolene Products Co., 304 U.S. 144 (1938). The Supreme Court has never set forth standards for determining what constitutes a legitimate government interest.See Nollan v. California Coastal Commission, 483 U.S. 825, 834 (1987) Under rational basis review, it is "entirely irrelevant" what end the government is actually seeking and statutes can be based on "rational speculation unsupported by evidence or empirical data".FCC v. Beach Communications, Inc. 508 U.S. 307, 315 (1993) Rather, if the court can merely hypothesize a "legitimate" interest served by the challenged action, it will withstand rational basis review.Sullivan, Kathleen M. & Gunther Gerald. Constitutional Law (16th ed.). Foundation Press, New York. Chapter 9 (2007). Judges following the Supreme Court's instructions understand themselves to be "obligated to seek out other conceivable reasons for validating" challenged laws if the government is unable to justify its own policies.Starlight Sugar, Inc. v. Soto, 253 F.3d 137, 146 (1st Cir. 2001)
