Rational Basis Review: Class Certification

The Rational Basis standard is a test used by courts to evaluate whether legislation or governmental action is rationally related to a legitimate governmental interest. This standard is considered the most lenient form of judicial review and does not require strict scrutiny of the means used to achieve the ends.

In the context of class certification, the Rational Basis standard is applied when determining if the criteria of Fed. R. Civ. P. 23 are satisfied in a manner that does not implicate fundamental rights or suspect classifications. Courts will assess whether the proposed class has a sufficient nexus to the claims raised and whether those claims are reasonably related to the goals of the litigation.

• Legitimacy of the government's interest
• Rational relationship between means and ends
• Aggregation of claims among class members
• Commonality of issues across the class
• Adequacy of representatives for the class

• Clearly articulate the relationship between the class members’ claims and the central issues of the case.
• Ensure that the interests of the class representative align with those of the class members.
• Prepare compelling evidence demonstrating why the proposed class meets the requirements under Rule 23.
• Consider potential defenses that may arise concerning the rationale behind class claims.
• Incorporate statistical data or expert testimony to support rational connections in your class argument.

Compared to strict scrutiny and intermediate scrutiny standards, Rational Basis review requires far less justification for governmental action. It is used in contexts where neither fundamental rights nor suspect classifications are at issue, making it easier for the government to prevail against challenges that do not affect a protected group.