The rational-basis standard lets almost any wealth-conditional law survive legal challenge
Evidence
Why is a wealth-based credit legal, but not a race-based one? … All you need for a law that creates wealth disparities to be upheld is to have a reason the court will respect. — Dorothy A. Brown, The Whiteness of Wealth, 556
Categorization
- SEED: Angle for an article: how the rational-basis standard is the load-bearing permission slip for ‘race-neutral’ policies that entrench racial inequality.
- XREF: connects to: Law can be non-arbitrary and freedom-preserving rather than inherently dominating — Philip Pettit, Republicanism: A Theory of Freedom and…, 335; Liberal legal forms protect individual liberty beyond capitalist economic needs — Rolf Wiggershaus, The Frankfurt School: Its History,…, 248; Formal legal equality obscures real inequality because equivalence as a legal norm ignores difference — Dirk Braunstein, Adorno’s Critique of Political Economy, 786 (+1 more)
- yield-rescued: below the book’s yield-target cutoff, included anyway for connecting to: Law can be non-arbitrary and freedom-preserving rather than inherently dominating — Philip Pettit, Republicanism: A Theory of Freedom and…, 335; Liberal legal forms protect individual liberty beyond capitalist economic needs — Rolf Wiggershaus, The Frankfurt School: Its History,…, 248; Formal legal equality obscures real inequality because equivalence as a legal norm ignores difference — Dirk Braunstein, Adorno’s Critique of Political Economy, 786 (+1 more)
Broader Connections
- Law can be non-arbitrary and freedom-preserving rather than inherently dominating
#complicates(0.82) — Philip Pettit, Republicanism, 335 - Liberal legal forms protect individual liberty beyond capitalist economic needs
#complicates(0.78) — Rolf Wiggershaus, The Frankfurt School, 248