Under rational basis review, which statement is correct?

• A. The challenger must prove there is no legitimate government interest, or the law is not rationally related
• B. The government must prove a compelling government interest
• C. The law must be narrowly tailored and the means must be least restrictive
• D. Any conceivable interest counts

Answer: (A)

Under rational basis review, the government only needs to show the law is rationally related to a legitimate government interest. The challenger bears the burden to prove there is no legitimate government interest or that the law is not rationally related to any legitimate interest. This is the most deferential level of scrutiny, so as long as there is a plausible legitimate interest and a rational connection, the law will be upheld. The other descriptions reflect stricter standards (compelling interest, narrowly tailored means) that apply under different levels of scrutiny, and not every conceivable aim qualifies as a legitimate interest.